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Medical Malpractice Caps

Medical Malpractice "Caps"

Definition

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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