Personal Injury Law

Damages Cap on Medical Malpractice Cases Hurt Vulnerable Victims

By Steven M. Levin and John J. Perconti

The real-world consequence of noneconomic damages caps in medical malpractice cases has had a devastating effect on survivors of deceased victims who are unemployed. Noneconomic damages are those given for pain and suffering, whereas economic damages are those given for lost earnings and medical bills. For low-earning or elderly plaintiffs, noneconomic damages are their only hope in court. Studies have found that most of the ?savings? of damage caps come from wiping out the awards to negligently injured plaintiffs who could potentially win large noneconomic damages in court. These people are those who are unemployed, including babies, children and housewives, some of whom are killed by negligent treatment. Noneconomic damages can be excessive, but they are intended to compensate for real suffering, and they are the only way some plaintiffs can get legal help. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on September 12, 2008 (boomark / email).