medical malpractice "caps"
Statutory limitations, currently on the books in a number of states (and
being considered in others, as well as on the federal level), limiting the dollar
amount of non-economic damages recoverable in a claim alleging medical malpractice.
Such legislation is most prevalent in states where high medical liability claim
levels have made it difficult or even impossible for substantial numbers of
doctors to obtain professional liability coverage. "Caps" place a limit on damages
for items such as pain and suffering, loss of companionship, and permanent disfigurement,
generally in the amount of either $250,000 or $500,000 per claimant. However,
"caps" are inapplicable to economic losses, such as medical expenses and lost
wages that result from medical negligence.
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