Tuesday, June 04, 2002

malpractice award limits?

The Delaware State Legislature is looking at a proposal to limit awards given by juries in medical malpractice cases. The cap would be $250,000 for non-economic damages such as "pain and suffering." Lost wages, the cost of medical care, and punitive damages would not be affected. The incentive behind such a move? To attract more insurance companies to provide medical malpractice insurance in Delaware. Chances are that this proposal comes too late in the legislative year to be acted upon by the Delaware Legislature, but it is stirring up a good deal of debate amongst legislators, and strong commentary from legal groups.

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