Damage Caps Decisions Forthcoming in Four States

You know the best part about blogging?  I can make “golden rule” arguments here.  So I ask you, how much would YOU want to be awarded if you lost an arm, a leg, or an eye due to medical negligence?  Or if you had a loved one die?  I’m guessing it would be more than these four states would allow you to recover.

Georgia ($350,000 cap), Illinois ($500,000 cap), and Oklahoma ($400,000 cap unless willful misconduct is proven) all have decisions pending regarding whether to do away with limits on damages. A fourth case, in Maryland, will be argued in November, and only addresses whether state caps on damages should apply to cases that are resolved via arbitration. Arguments against the caps generally focus on whether a state legislature's decision to put an arbitrary limit on a plaintiff's monetary recovery interferes with the plaintiff's constitutional right to a trial, since the jury's decision as to damages is effectively nullified by the cap.

Source: Courts to decide legitimacy of malpractice award caps - The Clinical Advisor