cap on noneconomic damages Archives - Medical Malpractice Lawyers

California Medical Association Responds To Efforts To Lift Caps On Damages In Medical Malpractice Cases

February 9, 2022

Since 1975, California’s cap on noneconomic damages in medical malpractice cases has remained at $250,000. What that means is that the most egregiously and seriously injured victims of medical malpractice in California will not receive compensation in excess of $250,000 for their pain and suff[...]

Oregon Supreme Court Holds $500,000 Cap On Noneconomic Damages Is Unconstitutional

July 14, 2020

In its opinion filed on July 9, 2020, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held: “ORS 31.710(1), as a limit on the noneconomic damages that a court can award to a plaintiff, violates Article I, section 10.” The Underlying Facts The plaintiff had t[...]

Tennessee Supreme Court Upholds $750,000 Cap On Noneconomic Damages

February 28, 2020

The Supreme Court of Tennessee, in its opinion filed on February 26, 2020, held “that the statutory cap on noneconomic damages in Tennessee Code Annotated section 29-39-102 does not violate the right to trial by jury, the doctrine of separation of powers, or the equal protection provisions of [...]

Iowa Bill Would Impose Hard Cap Of $250,000 For Noneconomic Damages In All Medical Malpractice Cases

February 23, 2020

The Iowa Legislature passed a medical liability reform law in 2016 that imposed a $250,000 cap on noneconomic damages in medical malpractice cases but excluded Iowa medical malpractice claims involving permanent disfigurement or death. The present Iowa medical malpractice law states: “The tota[...]

Wisconsin Supreme Court Finds $750,000 Cap On Medical Malpractice Noneconomic Damages Is Constitutional

July 1, 2018

In its opinion filed on June 27, 2018, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held “the $750,000 cap on noneconomic damages in medical malpractice judgments and settlements is constitutional both facially and as applied to the [plaintiffs].” History Of Wis[...]

Florida Supreme Court Holds Caps On Noneconomic Damages In Medical Malpractice Claims Unconstitutional

June 9, 2017

The Supreme Court of Florida held in a 4-to-3 decision filed on June 8, 2017 that the caps on personal injury noneconomic damages in medical negligence actions provided in section 766.118 violate the Equal Protection Clause of the Florida Constitution. Section 766.118, Florida Statutes (2011) Sectio[...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Wrongful Death Claims

April 23, 2016

In its opinion filed on April 19, 2016, the Supreme Court of Missouri (“Missouri Supreme Court”) upheld a constitutional challenge to Missouri’s cap on noneconomic damages in wrongful death claims, holding that the statutory limit does not violate the state constitutional right to [...]

Tennessee Circuit Court Judge Holds Tennessee Cap On Noneconomic Damages Unconstitutional

March 12, 2015

In a written decision filed on March 9, 2015 by a Tennessee Circuit Court judge (trial court judge) involving claims for personal injury damages arising out of a traffic collision, the court held that the Tennessee Civil Justice Act of 2011 (“Tort Reform Act”), which applies to all Tenn[...]

Consumer Watchdog Asks California Supreme Court To Accept Case Challenging Medical Malpractice Cap

December 1, 2014

In a letter addressed to Justices of the California Supreme Court dated November 18, 2014, the consumer advocacy group Consumer Watchdog has requested that the California Supreme Court agree to review a case in which the California medical malpractice cap on noneconomic damages is challenged, adv[...]

For Second Time In Six Months, Mississippi Federal Judge Criticizes Cap On Damages

February 15, 2014

In the December 20, 2013 written opinion issued in a Mississippi medical malpractice case filed under the Federal Torts Claims Act, a Mississippi federal judge has once again criticized Mississippi’s $500,000 cap on noneconomic damages in medical malpractice cases, quoting his written opini[...]

Our 600th Consecutive Daily Blog Post

October 24, 2012

Today we celebrate our 600th consecutive daily blog post. Our milestone makes us proud because we have covered many relevant and timely topics that have provided our readers with information that they could use at the time they needed the information the most. The responses to our blog have been tre[...]

Missouri Supreme Court Determines Cap On Noneconomic Damages Is Unconstitutional

August 1, 2012

In its written opinion filed on July 31, 2012, the Supreme Court of Missouri held “that section 538.210 [Missouri’s $350,000 statutory cap on noneconomic damages] is unconstitutional to the extent that it infringes on the jury’s constitutionally protected purpose of determining the a[...]

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Tag: cap on noneconomic damages