A medical malpractice damages cap is a limit placed on the amount of compensation that can be awarded to a plaintiff in a medical malpractice lawsuit. This limit is usually set by state law and can vary widely from state to state.
Critics of damages caps argue that they can unfairly limit the compensation that injured patients receive, particularly in cases involving catastrophic injuries or long-term care needs. They also argue that damages caps can discourage injured patients from pursuing medical malpractice lawsuits, since the potential compensation may not cover the full cost of their injuries and related expenses.
It's important to work with an attorney who has proven they can maximize your award in instances of caps on the amount of non-economic damages. This is the case for California payouts due to MICRA legislation.