A medical malpractice cap is a statutory limit placed on the amount of money a plaintiff may be awarded in the event of a malpractice legal case win. Additionally,www.headphones-fashion.com, these caps can and do limit the amount that malpractice victims can be charged for being represented by a malpractice lawyer. Often these caps are applied regardless of whether or not a recovery is awarded via judgment, settlement, or abitration. Malpractice caps are the subject of national dispute, as it is often argued that these caps place an unfair ceiling on compensation awarded for losses incurred in the event of true medical malpractice.
As with malpractice insurance premiums, malpractice caps vary throughout the country, and are tied directly to the state laws. While there are some states that do not have malpractice caps, this is not often the case. Malpractice caps are often only applied to damages tied to non-economic factors, such as pain and suffering, inconvenience, or disfigurement, as opposed to economic damages such as medical expenses.
The variation amongst state laws is at the root, a large reason why there is such a debate about malpractice caps. As stated earlier, some states go without caps, while others exclude damages from disability and/or disfigurement. Some states apply the caps on punitive damages, while others only apply caps on victim recovery. More often than not, however, medical malpractice caps limit non-economic damage recovery rewards to somewhere between $250,000 and $1 million dollars.
On the other end, these malpractice caps can apply to fees charged by malpractice attorneys to the victims for representation. While this is not as common as caps on rewards, there are some states that make use of this rule. A number of states have complex rules dictating caps on attorney fees based on state economic factors, amount of recovery, and more.
Malpractice cap laws are constantly changing throughout the nation. It is clear that in a system where the law can vary so widely, malpractice caps have not yet settled. Experts agree that over time the laws regarding malpractice throughout the nation may become more aligned, as the overall effect on the state, the attorney, the defense, and the plaintiff become apparent.
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