noneconomic damages cap Archives - Medical Malpractice Lawyers

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Medical Malpractice Cases

July 25, 2021

The Supreme Court of Missouri, in its opinion issued on July 22, 2021, upheld Missouri’s cap on nonecnomic damages in Missouri medical malpractice cases, stating, “Because a medical negligence action is a statutorily created cause of action, the General Assembly had the legislative autho[...]

Oregon Appellate Court Holds Cap On Noneconomic Damages Unconstitutional As Applied To Grievously Injured Plaintiff

November 2, 2017

The Court of Appeals of the State of Oregon (“Oregon Appellate Court”) ruled in its opinion filed on November 1, 2017 that where there is a bare reduction in the plaintiff’s noneconomic damages without any identifiable statutory quid pro quo or constitutional principle that the cap on [...]

New Effort To Reimpose Medical Malpractice Cap In Missouri

January 23, 2014

If you or a family member may be the victim of medical negligence in Missouri that causes horrendous and debilitating pain and suffering or other substantial noneconomic harms, your right to receive fair, just, and full compensation for your losses and injuries is being attacked, once again, by Mi[...]

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[...]

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[...]

How Limits On Noneconomic Damages Affect Medical Malpractice Cases In Texas And Elsewhere

August 18, 2011

Now that an ever-growing number of states in the United States are enacting limitations (“caps”) on the amount that medical malpractice victims can recover for their pain, suffering, mental anguish, disfigurement and other noneconomic injuries caused by careless and negligent medical ca[...]

The Jury Found In Your Favor In Your Medical Malpractice Case – Now What?

June 28, 2011

Congratulations! The jury found in your favor in your medical malpractice case and awarded you monetary damages. Now what happens? It is not uncommon for the lawyers for the defendant health care providers to file motions after trial to request that the judge either reduce the amount that the jury a[...]

Tag: noneconomic damages cap