Reforms of medical malpractice laws have been taking place for more than a decade in many states. You might hear it referred to as tort reform. Some states now have caps on the amount of money awarded to the victims of malpractice, though in other states laws instituting caps have been struck down by state supreme courts.

If your state has caps, this should not prevent you from considering a malpractice lawsuit if you have been the victim of negligence by a healthcare professional.  Consult a medical malpractice attorney or litigation attorney about your rights.

In this Malpractice Guide guide we discuss laws specific to payment caps on a malpractice lawsuit.

Suing for Medical Malpractice Damages

Damages in medical malpractice lawsuits are divided into economic damages and non-economic damages.

You have the right to sue for economic damages including medical bills, lost wages, physical therapy, medical equipment required and even changes to your home to accommodate a disability. Some courts also provide compensation for likely future bills and medical expenses. No states currently have caps on economic damages.

Non-economic damages are damages awarded for pain and suffering. They are considered punitive damages and are awarded when gross negligence has been committed by a health care provider.

It is these non-economic damages that have been capped, or limited, in some states. Caps have been passed by some state legislatures only to be removed by the state’s judiciary branch. Debate and court cases are expected to continue in this area of the law for some time.

State Laws Regarding Caps on Malpractice Awards

While laws differ from state to state, all states allow economic compensation and at least some level of non-economic compensation. If you’ve been harmed due to the medical malpractice of a healthcare professional, there are laws in your state protecting your right to seek damages.

Medical malpractice lawsuits can be brought if there is negligence on the part of doctor’s nurses, anesthesiologists, pharmacists, dentists and therapists.

If the health care worker did something that directly caused you injury or unnecessary pain, they can be held liable. If they failed to do something such as diagnose an illness or injury or give you the appropriate treatment, they can be held liable. In other words, malpractice can take the form of commission or omission.

Finding a Medical Malpractice Attorney

Often referred to as litigation attorneys, medical malpractice lawyers will evaluate your case and help you determine whether or not a lawsuit should be filed. There are statute of limitations on malpractice lawsuits to protect professionals from being wrongly accused.

You may want to talk with several before choosing one to hire. Choose an experienced malpractice attorney with experience in the type of case you have.