Caps on Damages Remain an Open Question in Medical Malpractice Cases

2024-12-25 06:08:50 Legal / Law

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Caps on non-economic damages from malpractice suits remain an issue for the courts to decide, which complicates understanding your rights even more. Contact the Law Offices of Tony Seaton for a free consultation about your injuries.

There are still questions about whether Tennessee's laws concerning caps on non-economic damages are constitutional, according to a press release from the law offices of Tony Seaton. Medical malpractice lawyers, such as Seaton, are still waiting for clarification of these issues.

Tennessee, like many states, passed laws that set statues of limitations, but the greater controversy has been on the other part of those laws that put caps on damages.

A State Supreme Court ruling late in 2015 upheld the law in general, but did not specifically rule on whether the caps were constitutional. Seaton said the case may return to the state high court eventually.

"If they rule that caps are unconstitutional, it will be a considerable victory for plaintiffs seeking compensation for serious personal injuries and changes to their quality of life," Seaton said in response to the ruling.

These are personal injury cases, and medical malpractice certainly involves personal injury. There are also time limitations, but that is not part of the suit. Malpractice law is complicated, and Seaton recommends talking with a lawyer to make sure rights are protected, and that people are compensated fairly when injured through the fault of a medical practitioner.

The case only applies to what are called "non-economic" damages, which involves things not measurable from an objective standpoint. It involves compensation for pain and suffering, or mental anguish suffered from malpractice. Economic damages are for things like lost wages or actual property that was damaged. There are still no caps on economic damages.

The law was intended to stop fraudulent or malicious claims, and to protect professionals from this type of suit. Others say these laws minimize the gravity of things like pain and suffering or emotional distress.

If you have suffered as the result of medical malpractice, contact medical malpractice lawyers at The Law Offices of Tony Seaton at (423) 282-1041 for a free consultation.