The majority of states in the USA have caps on non-economic damages in medical practice lawsuits and Pennsylvania is in the minority. As a personal injury
lawyer in Philadelphia, I’d like to weigh in with my thoughts about non-economic caps for personal injury cases. To be brief, caps on non-economic
damages have a negative impact on an injured victim of medical malpractice’s ability to seek adequate justice for injuries sustained due to a negligent party.
What Are Non-Economic Damages?
Non-economic damages are commonly defined as compensation for a person
who has experienced pain and suffering, and/or emotional distress. For example,
if the injured person’s quality of life has been affected by his or her injury, that
person would seek to recover non-economic damages. This type of compensation is
vital to our justice system. Some medical malpractice victims simply deserve to receive sizable damages for their ordeals, because their lives will never be the same as a result of the injury.
What Are Caps on Non-Economic Damages?
Placing a cap on the non-economic damages sought by an injured man or woman
means that victims of medical malpractice would be precluded from receiving adequate compensation for their injuries and pain and suffering due to the cap on damages. Advocates for caps on non-economic damages argue that this policy will serve to reduce overblown healthcare costs and limit the number of excessively large malpractice lawsuits. However, any personal injury lawyer in Philadelphia can relate that the statistics show that large-figure malpractice lawsuits don’t occur often.
The Pennsylvania Association for Justice (PAJ) reports that Pennsylvania saw only
25 malpractice cases with multi-million dollar verdicts during the three year period
from 2000 to 2003. And this trend continues today. Furthermore, it is extremely difficult for a frivolous lawsuit to go to trial.
Personal Injury Lawyer in Philadelphia Explains Caps on Damages
If you want to know more about proposed caps on non-economic damages, one of
the best sources of information is a personal injury lawyer in Philadelphia. Call and
talk with an experienced attorney if you have personal questions about a medical malpractice case or personal injury case.
Stuart A. Carpey, who has been practicing as an attorney since 1987, focuses his practice on complex civil litigation which includes representing injured individuals in a vast array of personal injury cases.