Non Economic Damage Caps

[Old_Mil]

Advertisement - Members don't see this ad

Anyone have a current list of states that cap "non-economic" damages in medical malpratice suits?

 

[deleted109597]

Texas

 

[Old_Mil]

Texas

Yep, but there are another dozen or so, I think...

 

[deleted109597]

There are. But I would have to look them up.

 

[EM_Rebuilder]

Yep, but there are another dozen or so, I think...

Texas is the only one that matters...

 

[Birdstrike]

.

 

[pinipig523]

The overall medical malpractice environment of a state is determined by more than just non-economic damages caps.

Here' a fairly recent overall ranking of of state malpractice environments based on the presence of caps and 7 other factors:

http://www.pacificresearch.org/docLib/201007132_HPP72010_F.pdf


If you want to find which states have caps, look on a state by state basis, here:

http://www.atra.org/reforms/

Interesting how TX is right next to FL and IL when all 8 parameters are accounted for.

 

[RustedFox]

Yeah, as a senior who is moving to FL for their first gig and who has heard all of the woe-and-bemoaning about FL..... this doesn't compute.

 

[southerndoc]

Georgia's cap was overturned by the supreme court. The gross negligence clause was upheld though.

 

[TrumpetDoc]

Anyone hear the commentary by Bucata on EMA on the "failed TX experiment..."? just heard it myself on way in

Instead of hearing the media blast the thing, where are the studies that look at "why" it is not doing what was hoped (unless you are a medmal ins co) and break it down by specialty etc. I will look a bit more as I am just on my phone, but not seeing a lot of good analysis.
Anyone have any resources/references?



Sent from my iPhone using Tapatalk

 

[pinipig523]

Here's what I know about TX

Non-econ cap = $250K
Punitive cap = $750K max (or non-econ + econ, if I'm not mistaken, whichever is lower)
Econ = no cap

Can you be sued for 10M including economic damages? Yes.

Likely? No.

The average suit pays $128K in TX.