caps on damages Archives - Medical Malpractice Lawyers

Arizona Governor Wishes To Harm Medical Malpractice Victims With Federal Tort Reform

July 30, 2017

Arizona Governor Doug Ducey supports efforts at imposing federal tort “reforms,” such as the proposed $250,000 cap on noneconomic damages in medical malpractice cases, despite the protections afforded by the Arizona Constitution and despite the citizens of Arizona uniformly rejecting med[...]

U.S. Court Of Appeals (8th Cir.) Upholds Nebraska’s Cap On Medical Malpractice Damages

July 17, 2017

In its opinion filed on June 22, 2017, the United States Court of Appeals for the Eighth Circuit (“U.S. Court of Appeals”) held that Nebraska’s cap on damages in medical malpractice cases did not violate the U.S. Constitution’s Seventh Amendment because the Seventh Amendment [...]

Oregon Supreme Court Overturns $12M Medical Malpractice Verdict, Applies $3M Cap

June 17, 2016

In its one-hundred-forty-one page decision filed on May 5, 2016, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) overturned the $12 million medical malpractice verdict reached by an Oregon medical malpractice jury against the State of Oregon and its employees, and inst[...]

California Hospital Medical Malpractice Lawsuit Filed For Death Of 20-Month-Old

August 31, 2015

A California medical malpractice lawsuit was recently filed against a California hospital for the death of a 20-month-old child who died while an inpatient at the hospital after having what was described as successful surgery. The child died allegedly as a result of too much sedation or due t[...]

Florida Appellate Court Holds Cap On Noneconomic Damages Unconstitutional In Medical Malpractice Cases

July 3, 2015

In its opinion filed on July 1, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) held that the caps on noneconomic damage awards in personal injury medical malpractice cases are unconstitutional, extending a prior Florida Supreme Court cas[...]

Missouri Medical Malpractice Damages Cap Signed Back Into Law

May 10, 2015

On May 7, 2015, the Governor of Missouri signed into law caps on noneconomic damages in Missouri medical malpractice cases after a three-year lapse following the Missouri Supreme Court finding that the prior medical malpractice cap was unconstitutional because the flat $350,000 cap violated the co[...]

Kansas Supreme Court Upholds Damages Cap In Medical Malpractice Cases

October 6, 2012

In its opinion published on October 5, 2012, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) upheld Kansas’ $250,000 cap on noneconomic damages in medical malpractice cases as constitutional. The case is captioned Miller v. Johnson, Case No. 99,818 (“Mille[...]

Doctors Rebuke Value Of Caps On Medical Malpractice Damage Awards

August 18, 2012

In an article appearing on August 1, 2012 in The New England Journal of Medicine, a group of doctors and other health professionals expressed their opposition to the arbitrary caps (limits) on damages that many U.S. states have imposed on the amount of the recoveries that victims of medical malpra[...]

Medical Malpractice Payments In 2011 At Lowest Level On Record

July 12, 2012

In a report entitled “Malpractice Payments Sunk to Record Low in 2011” that was just released by Public Citizen, it was found that “Medical malpractice payments were at their lowest level on record in 2011 by almost any measure. Specifically, both the number of malpractice payment[...]

California Medical Malpractice Verdict For Migraine Treatment That Caused A Stroke

March 24, 2012

On March 19, 2012, after more than three weeks of trial, a California medical malpractice jury returned a verdict in the amount of $22 million in favor of a woman who suffered a debilitating stroke as a result of an invasive and risky diagnostic procedure recommended by her doctors for her life-long[...]

Maine Medical Malpractice Verdict For Man’s Death

November 23, 2011

The surviving wife of a 44-year-old Maine man who died in the hospital on his birthday (which was also Mother’s Day) received a favorable jury verdict during early June, 2011. The man’s death was witnessed by his wife, children, and parents who had gathered at the hospital to celebrate[...]

How Do Medical Malpractice Claims REALLY Affect Doctors?

September 20, 2011

Doctors are constantly complaining that the fear of medical malpractice claims has changed the way they practice medicine, has increased health care costs, and has caused doctors to flee the profession due to high medical malpractice insurance premiums and “frivolous lawsuits.” How have [...]

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