Negligent medical treatment results in harming a patient. Under a medical malpractice lawsuit, a doctor or healthcare provider can be sued for such malpractice. However, in some states a legal cap is placed on the amount of compensation that can be given in a medical malpractice lawsuit.
The states that have caps on damages are Alaska, Arizona, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana and Kansas. The other states that also have caps on damages include Louisiana, Maine, Maryland, Massachusetts, Michigan Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey; New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin and Wyoming,
This kind of capping of the compensation amount is a part of the tort reforms undertaken by these states. This has resulted in limiting the extent to which damages can be recovered by the aggrieved parties when they file a lawsuit.
The caps on damages mostly cover compensation for non-economic losses such the plaintiff’s pain and suffering that includes (apart from physical pain) aspects such as discomfort, scarring, disfigurement as well as adverse impact on injuries and the recovery process. In California, only up to $ 250,000 is recoverable in a successful medical malpractice lawsuit.