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Non-economic damages caps


Non-economic damages caps, or medical malpractice caps, are controversial tort reforms to limit (i.e., "cap") damages in medical malpractice cases for non-pecuniary harms such as permanent disability, disfigurement, blindness, loss of a limb, paralysis, trauma, or physical pain and suffering. These are, collectively, referred to as hedonic damages. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, and lost future income.

Non-economic damages compensate injuries and losses that are not easily quantified by a dollar amount. Also known as quality-of-life damages, this compensation covers the family of victims who have died, or severely injured victims.

Many states with non-economic damage caps have defined non-economic damages by statute.

Overall, non-economic damages throughout the United States cover pain, suffering, and other nonpecuniary injuries, and caps range from $250,000 to $750,000. Damage caps have various purposes; for instance, they can discourage malicious lawsuits and prevent the costs of transacting business from being overly inflated, but have also been criticized for other reasons.

In California, non-economic damages awarded in medical malpractice actions are capped at $250,000. Non-economic damages are meant "to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage."

In Maryland, non-economic damages are capped at $800,000. In personal injury cases, non-economic damages are defined as "pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury" . In wrongful death cases non-economic damages are defined as "mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article."


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