A damage cap limits the amount of money an injured victim could receive for his or her losses – usually only pertaining to certain types of compensation only, such as general or punitive damages. It is a controversial law that many states have banned after their courts ruled damage caps unconstitutional. A cap on medical malpractice damages still exists in California, however. There is currently a cap of $250,000 maximum per plaintiff. This cap applies only to noneconomic damages in medical malpractice claims.
Noneconomic damages are those that do not necessarily have a financial impact on the victim. They can include mental, emotional and other intangible damages, including lost quality of life, loss of consortium, emotional distress, mental anguish, grief, humiliation, depression, anxiety, etc. Any loss you incurred due to medical malpractice that did not affect you financially could qualify as a noneconomic damage. California’s $250,000 damage cap has no bearing on economic losses, however, such as medical bills and lost wages.
California courts calculate noneconomic damages in many ways. A jury might listen to the testimony of the victim and his or her family members in attesting to how much the incident impacted the victim mentally or emotionally. The jury might also take into account the opinions of experts, including physicians and psychologists.