caps on noneconomic damages Archives - Medical Malpractice Lawyers

Wisconsin Appellate Court Strikes Down Medical Malpractice Noneconomic Damages Cap

July 7, 2017

In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it impos[...]

Iowa Senate Passes Medical Malpractice Tort Reform Bill, Now Heads To Iowa House

March 22, 2017

On March 20, 2017, the Iowa Senate passed Senate File 465 by a partisan vote of 28 (all Republicans) to 21 (20 Democrats and one Independent), which now heads to the Iowa House, which imposes severe medical malpractice tort reforms in an effort to attract more physicians to Iowa. One Iowa Senator j[...]

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[...]

California Appellate Court Refuses To Overturn MICRA Cap

June 19, 2015

In its decision filed on June 9, 2015, the Court of Appeal of the State of California First Appellate District (“Appellate Court”) refused to overturn a lower court’s ruling that reduced a California medical malpractice jury’s verdict for noneconomic damages from $1 million t[...]

Former U.S. Congressman Plans To File Medical Malpractice Lawsuit

May 31, 2015

Former U.S. Congressman Steve LaTourette, a nine-term Republican Congressman from Ohio, has filed formal notice of his intention to proceed with a medical malpractice claim against the United States, alleging that Capitol Hill doctors negligently failed to inform him of the results of an MRI perfor[...]

Recent Study Of The Impact Of Medical Malpractice Caps On Average Malpractice Payment Size

October 26, 2014

The authors of a study published online on October 22, 2014 by HealthAffairs sought to investigate the impact of medical malpractice caps on noneconomic damages on the average size of medical malpractice payments for ten medical specialties as well as for physicians overall. The researchers found[...]

Are Caps On Noneconomic Damages Fair?

March 25, 2012

Many U.S. states have enacted laws that place a cap (limit) on the amount of noneconomic damages (such as pain and suffering, mental anguish, disfigurement, etc.) that medical malpractice victims may recover from medical malpractice defendants who provided medical care that failed to meet the requi[...]

We’re Celebrating One Full Year Of Daily Blog Postings!

March 4, 2012

Well, we have reached a significant milestone — one complete year of our daily blog postings (we started daily posting in our Blog on March 5, 2011 and have posted every day since). When we first started to blog, we thought that it might be difficult to find relevant, interesting informat[...]

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 [...]

Some States Have Determined Caps On Damages In Medical Malpractice Cases Are Unconstitutional

August 27, 2011

Even though some states (such as Maryland) have upheld caps on noneconomic damages (and sometimes other damages as well) as constitutional under their respective state constitutions, there are states that have found the caps imposed by their respective state legislatures to be unconstitutional. Th[...]

Georgia’s Supreme Court: A Bright Light For Medical Malpractice Rights

August 20, 2011

On March 22, 2010, the Supreme Court of Georgia courageously and correctly held as unconstitutional the Georgia Legislature’s attempt to cap (limit) the amount of noneconomic damages that juries in Georgia could award in medical malpractice cases because the cap encroached on the constituti[...]

Tag: caps on noneconomic damages