There is a cap on non-economic damages in all med mal cases. It is stair-stepped. In cases resulting in death or loss of a body organ system, the larger cap of $500,000 applies. However, due to inflation, that amount is now $750,000 and cannot grow any further. For most non-death cases, the cap on noneconomic damages is $250,000, which after adjusting for inflation is now limited to $375,000. In some cases where care is provided during an emergency situation at trauma center, the trauma cap may apply which limits all damages to $500,000. Again, that amount is adjusted for inflation and is now approximately $640,000.

See answer 1 above.

Damages are made up on the following: non-economic damages (pain, suffering, loss of enjoyment of life, mental anguish, embarrassment, etc)., plus lost wages (past and future), plus the amount paid for medical expenses (past and future), plus prejudgment interest at the statutory rate.

Punitive damages are designed to punish and deter the wrongdoer. Compensatory damages (economic and non-economic) are designed to compensate the victim. Punitive damages are in addition to compensatory damages, but they are only available in very limited situations. Specifically, punitive damages may only occur in a civil action against a defendant if a plaintiff establishes by clear and convincing evidence that the damages suffered were the result of the conduct that was carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others. If proven, they may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.

There are many different fact patterns that can justify a malpractice case. Oftentimes, it may arise in a nursing home when the resident is undernourished and underhydrated. That creates a situation where the skin can easily breakdown leading to pressure ulcers (often called bed sores or decubitus ulcers). Infection often accompanies these wounds, and many times the infections are not adequately treated, which can lead to sepsis and death. Situations may arise where doctors may leave surgical instruments in a patient after surgery, resulting in infection and death. Other times, errors occur during childbirth or even before the expectant mother goes into labor, which can injure the mom and the baby.

The amount of damages that can be collected will typically be limited to the maximum amount of non-economic damages, plus the medical expenses paid (past and future), plus lost wages (past and future), plus interest.

Medical malpractice is difficult to prove. We must prove that a care giver failed to do that which an ordinary care giver would do under the same or similar circumstances or that they did something which an ordinary care giver would not do under the same or similar circumstances. We must then prove that the care giver’s failures caused the patient’s injuries or death. To do this, we must use expert witnesses to explain why the caregiver’s actions were improper and why their failures caused or contributed to the harm.