I sincerely hope that you and your family are never affected by liability caps. In my experiences as a Virginia medical malpractice attorney they often short change deserving victims of their damages. While in some cases they do their job at preventing unnecessarily large non-economic damage settlements, more often than not they are only hurting the victims.
Medical Malpractice Liability Caps and You
Most consumers will run across liability caps when it comes to dealing with medical malpractice claims. Medical malpractice can come in many forms:
- Operations in the wrong area;
- Unnecessary amputations;
- Failure to check for drug interactions or allergies;
- Misdiagnosis and inappropriate treatment;
- Forgotten instruments left behind from surgery; and
- Failure to diagnose.
There are even cases where doctors have performed an operation on the wrong patient! Many of these occurrences can lead to serious injury, permanent consequences, and even wrongful death.
Liability caps basically limit the amount a jury can award you should your doctor be negligent in your care and cause serious injury, death, or permanent complications. While it does not affect the economical damages awarded, such as medical bills and lost wages, it will cap the amount you can receive for emotional damages and suffering.
This side of your settlement, known as non-economical damages, is a major factor in the proper compensation of a medical malpractice case. In lawsuits that seek to rectify personal injuries, the settlement needs to take into consideration the impact your injury has on the long-term outlook of your life.
Permanent disabilities or disfigurement can drastically decrease your quality of life for both you and your family. Even more severe is when medical malpractice leads to the death of a family member. Suddenly, that family is robbed of the love and companionship of that person. While money can never replace the loss or harm done to a loved one, it is a much-deserved compensation.
Continue reading to see how the liability cap on medical malpractice can give false hope to victims during the settlement phase of their case, and how a Virginia medical malpractice attorney can help your family should you suffer the unfortunate effects of medical malpractice.
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