Damage Caps in Medical Malpractice Laws Challenged

Posted on Sep 29, 2009
Maryland and Georgia, like many states, have enacted laws that restrict a person's right to recover non-economic losses in medical malpractice claims. Supreme court judges in these two states will decide whether limits on non-economic damages will be struck down.  In Georgia, the court will decide whether the $350,000 cap violates the state constitution.  In Maryland, the court will decide whether the caps will only apply in cases resolved through arbitration.

In Ohio, medical malpractice claims are subject to caps of $250,000 or three times the plaintiff's economic damages subject to a maximum of $350,000.   The cap is increased to $500,000 for injuries involving substantial physical deformity, loss of use of a limb, or loss of a bodily injury system.  The Ohio limits are found at Ohio Revised Code Section 2323.43.

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