Medical Malpractice "Pain and Suffering" Cap Challenged
Posted By De Castroverde Law Group on Aug 2, 2010 9:32am PDT
In any personal injury suit involving medical malpractice, the victims can seek compensation for economic damages, such as medical bills, loss of wages, rehabilitation, etc, as well as for noneconomic damages, such as pain and suffering and emotional turmoil. Currently, Nevada state law caps noneconomic damages at $350,000. The question is, however, whether that cap applies to each victim or to each circumstance of medical neglect or recklessness.
The cap is designed to keep medical malpractice insurance for doctors low enough that it keeps them in Nevada. Many have threatened to leave if malpractice insurance raises. In many malpractice claims, especially those involving wrongful death, the victim's family is also subject to pain and suffering and, if the law is changed, could be entitled to $350,000 each, as opposed to $350,000 for the entire family.
The cap is generally supported by doctors, hospitals, and insurances companies, who make the payments, but unsupported by victims and attorneys, who collect the payments.
If the court decides that the law is per event instead of per victim, many argue that it would violate state and federal constitutional rights to equal protection. In Geogia, the high court found that caps in general violated the right to trial by jury, because it changes the decisions of the jury members.
If you or someone you love has been injured or killed due to medical malpractice, contact a Las Vegas Personal Injury Attorney at the De Castroverde Law Group. We handle all types of personal injury cases.