Medical caps seem to be part of the discussion anytime a medical malpractice case is filed. Though the claimed intent of these caps is to compensate only legitimate medical malpractice claims, what it has instead often led to is confusion as to how much such legitimate claims should be awarded.
Medical malpractice lawsuits are often a difficult area for attorneys to prove up since most such lawsuits concern a highly technical area. The attorney must not only make his case to a judge, he or she must also make it understandable for a jury.
In a state outside of Pennsylvania, that state's highest court has overthrown the state's cap on non-economic damage awards by juries. In a case that concerned a severely brain injured child that came about due to medical malpractice, the high court stated that the state cap limiting non-economic damages to $500,000 or five times what was determined to be compensatory damages violated a party's rights to a trial by jury.
A jury in Pennsylvania recently came back with a $1.1 million concerning a possible surgical error. It's been claimed that the child suffered a brain injury following a routine sleep apnea procedure. The boy, who was only 11-months old when the surgery took place, reportedly suffers from developmental delay that puts him well behind other children his same age.
Many medical malpractice cases come about because of birth injuries suffered while the mother was in labor. Because there have been so many multi-million dollar verdicts for these kinds of lawsuits (including one in Pennsylvania totaling $78.5 million), hospitals understandably are jittery every time a birth injury case is being tried in front of a jury.