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Does Massachusetts Cap Medical Malpractice Damages?

If you have suffered personal injury due to medical malpractice, the emotional, physical, and financial pain can be immense. Based on the seriousness of your injuries, you may have been forced to miss work and undergo further medical care to make a full recovery.

At end of the day, the costs begin to add up and compensation is necessary to supplement your losses. With the assistance of a qualified medical malpractice attorney, it may be possible for you file a lawsuit against the medical practitioner in question. However, there a limit to the compensation you can receive.

Massachusetts' Laws Regarding Medical Malpractice Damages

Massachusetts has certain laws which determine the amount of compensation you can receive for medical malpractice. The state caps all non-economic damages at $500,000 for medical malpractice cases. Non-economic damages comprise compensation for the individual's suffering, loss of quality of life, disfigurement, and other effects directly related to the medical negligence.

It is up to the court to determine the extent of non-economic damages on a case-by-case basis. It can be difficult to determine exactly how much an individual has suffered, so careful consideration is taken for each situation.

The state does not, however, place a cap on economic damages experienced by an individual. Economic damages relate more to the tangible side of things – past medical expenses, current and future medical care, and anything hindering their ability to continue working and earning sufficient income.

It is important to note that the cap on non-economic damages will not apply if it can be proved that the individual has sustained permanent loss, damage of bodily functions, or excessive disfigurement. A skilled Quincy medical malpractice attorney can assist you in your case to ensure that you receive the highest compensation available.

If the injuries you have suffered require compensation, we can help! Contact our firm today.

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