In a medical malpractice lawsuit, like many lawsuits grounded in tort claims, judges and juries are empowered to award both economic and non-economic damages. Economic damages generally represent losses of income, costs of medical expenses both past and future, compensation for one’s lost ability to early a living on top of losing their normal income, as well as other more easily measurable financial losses as a result of the malpractice. Non-economic damages are awarded for pain and suffering and loss of companionship among other not-so-easily measurable injuries resulting from malpractice.
Some state legislatures have capped the amount of non-economic damages that patients can be awarded, while others do not. Limits on pain and suffering awards are very controversial, with some clamoring for tort reform to protect medical providers from staggeringly high damage awards, while others believe it is up to judges or in most cases juries, as finders of fact, to make that determination on a case-by-case basis without limits.
Cases Spurn Effort to Eliminate Caps