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Understanding the medical malpractice damages cap

On Behalf of | Jul 18, 2019 | Medical Malpractice

It’s no secret that medical care is getting more expensive all the time. When a patient is injured through negligent medical care, the cost of treating the new problem can be enormous. And yet, Louisiana law places a cap on the amount a plaintiff can recover in a medical malpractice lawsuit.

Many states place some type of cap on damages in medical malpractice lawsuits. Louisiana’s cap is one of the toughest in the nation. Generally, a medical malpractice award can be no more than $500,000.

Proponents say caps like Louisiana‘s are necessary in order to protect medical care providers from frivolous lawsuits and to keep the overall cost of medical care down. That’s small comfort to people who have been injured through medical negligence. Given how expensive medical care can be today, $500,000 is not enough to cover the injured person’s actual economic damages in many cases, let alone their noneconomic damages such as pain and suffering.

However, there may be some ways around the cap. In some cases injured patients may recover unlimited coverage for future medical costs. This can cover a substantial cost, and can be a significant help to people who will need medical treatment over a long period of time.

A Louisiana attorney with experience in medical malpractice and other areas of personal injury law can help the injured and their families to understand their options. A good attorney can help the injured to fully document the costs of their injuries, track down medical expert witnesses and argue forcefully for clients to recover the compensation they need.


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