medical malpractice caps Archives - Medical Malpractice Lawyers

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[...]

Two Recent Studies Show Medical Malpractice Tort Reforms Have No Impact On Medical Malpractice Insurance Premiums

December 5, 2016

Two studies published in late November 2016 by the Americans for Insurance Reform, a coalition of nearly 100 consumer and public interest groups representing more than 50 million people, concluded: “Severe rates hikes experienced by doctors during the three past insurance crises were not the r[...]

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

November 23, 2016

In its opinion filed on October 26, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) agreed with the 2015 opinion of the District Court of Appeal of Florida Fourth District that held that the section 766.118 caps on noneconomic damages are unconstitutiona[...]

Indiana Birth Injury Case Is An Example Of Unfair Damages Caps

February 12, 2016

An Indiana couple were excitedly looking forward to the birth of their daughter in 2003 when the mother-to-be had a fetal blood sampling procedure conducted that they allege was negligently performed and led to the premature birth of their daughter at 33 weeks. The premature birth led to their daugh[...]

What Is California Proposition 46?

August 13, 2014

The so-called California Proposition 46 (“Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative”) is on the November 4, 2014 ballot in California after being certified on May 15, 2014 by the California Secretary of State. The proponents of California 46 had submitted ap[...]

Indiana Supreme Court Decides That Successful Medical Malpractice Plaintiff Forfeited His Right To Challenge Medical Malpractice Damages Cap

January 21, 2013

On January 15, 2013, the Indiana Supreme Court decided an appeal where the medical malpractice plaintiff received a favorable jury verdict in the amount of $8.5 million that was reduced to $1.25 million pursuant to the Indiana Medical Malpractice Act (“Act”). The Act provides in releva[...]

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