In previous blog posts, we have addressed the obvious dangers that medical malpractice caps on non-economic damages pose to victims and their families. Of course, the debate on tort reform has undoubtedly been controversial. In light of the political waves tort reform continues to cause across the country from California to New York, you may find it interesting, if not helpful, to take a brief look at the state supreme courts that have struck down medical malpractice caps on grounds that such caps violate the states’ constitution.
Non-economic damages – compensation awarded to victims based on harm and loss that cannot be easily quantified in economic terms – have proven to be particularly important in cases involving birth injuries and wrongful deaths resulting from the negligence of medical professionals.
As terrible as a medical malpractice tragedy can be for a victim and their family, having such a misfortune take place in a state where (1) there is a constitutional prohibition on damages caps or (2) the state supreme court has ruled that non-economic damages caps are unconstitutional, can certainly put the affected family in a better position to cope with the terrible tragedy.