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What Are Medical Malpractice Damage Caps?

Medical Malpractice Damage CapsMany states have passed medical malpractice “caps” in response to rising medical insurance premiums. Although you are still entitled to monetary compensation, your recovery amount is capped. The largest part of medical malpractice damages is for pain and suffering. This portion is the first place most states have limited you’re the amount of damages you can recover for medical malpractice liability.

How Many States Have Capped Medical Damages?

33 States have so far capped medical malpractice compensation. Healthcare providers, insurance companies, physicians and other advocacy groups have argued that excessive malpractice claims led to increased premiums for doctors which are passed onto patients.

On the flip side, opponents argue that these compensatory caps only protect defendants and fail to discourage the wrong behavior. Moreover, the costs of the associated with the damages will likely be borne by the public, as opposed to the wrongdoer.

Caps on Pain and Suffering

Most states have placed medical malpractice caps on pain and suffering. As a medical malpractice victim, you are entitled to compensation for the pain that you suffered. Each State has placed a different cap limit for this pain and suffering. For instance, California’s cap is $250,000, while Oregon’s cap is $500,000.

Importantly, New York and New Jersey do not have caps.

However, it should be noted that you can still recover damages for your economic damages. Economic damages are any expense, past or future, resulting from your injuries, such as medical bills, hospital bills, physical therapy, transporation, and loss of income.

Time Limit to Recover

Before you can even worry about a cap on your medical malpractice claim, it is important that you timely file your claim. If you fail to file your claim in a timely manner, you may be forever barred to recover from the wrongdoer.

The statute of limitations on different types of medical malpractice claims can be tricky and complicated. You need to act quickly or you may lose your chance to recover the compensation that you deserve.

Below are some important things to note for medical malpractice statute of limitations under New York law:

  • Medical malpractice victims normally have a 2.5-year time limit to file a legal claim
  • Wrongful death claims normally have a 2-year time limit to file a legal claim
  • Public hospitals in New York all require that claims for medical malpractice be filed properly within 1 year and 90 days, but also require that your file a notice of claim that you intend to file a claim within 90 days of the claim.

We Can Help You If Your Are Injured
When you are injured as the result of the wrongful acts doctor or a healthcare provider, you need to hire an experienced New York medical malpractice attorney to protect your legal rights. The attorneys at Gersowitz Libo & Korek P.C. have more than 30 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York medical malpractice attorneys, please call 1-800-529-9997.

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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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