What Are Medical Malpractice Damage Caps?

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May 8, 2017
Colson Hicks Eidson

When someone suffers injuries due to medical malpractice, they are entitled to both economic damages, such as medical expenses, as well as noneconomic damages for pain and suffering. However, some lawmakers have sought to put medical malpractice damage caps on the amount of noneconomic damages a victim can recover. In this video, Miami medical malpractice attorney Joe Kalbac explains why these caps harm victims of medical negligence.

Video Transcription:

Legislators in Tallahassee and around the country are telling people who are victims of medical negligence how much pain and suffering they’re entitled to. And you can’t put a cap, you can’t put a number on a person’s pain and suffering. If someone’s paralyzed, their pain and suffering is obviously a lot greater than someone that’s lesser injured. And there’s just no rationale for it. Medical negligence cases are the most complicated and most expensive and time-consuming cases that we handle. And therefore if the recovery is capped at a certain amount, a lot of times it’s not worth the client’s time, effort, and exposure to pursue a case. That’s especially true in a lot of cases with huge medical liens, where the first dollars from the settlement are going to the insurance companies who have the medical liens.  My name is Joe Kalbac, if you need more information, please call me at area code 305-476-7400. Or call our firm Colson Hicks Eidson at the same number. Or feel free to visit our website at Colson.com.