State Malpractice Caps Use complete sentences when answering the questions. 1. P

Question

State Malpractice Caps Use complete sentences when answering the questions.

1. Pick a state and compare it to Oklahoma’s Malpractice Caps, what are the state’s caps or limits on the amount of money that can be awarded to victims of medical malpractice cases. Give any details that tell why or how the state determined that amount of money.

2. Define the limited time for the state that you choose that a patient can bring forth a malpractice claim against a physician in that state if there is any. Give any details that tell why or how the state determined that amount of time.

Explanation / Answer

California has no cap on the amount of money that an injured patient can receive as compensation for medical care (past and future) made necessary by the malpractice, nor is there a cap on lost income or impairment of the patient’s ability to earn a living because of the malpractice. These kinds of losses would be categorized as economic damages, and MICRA’s cap doesn’t affect them. However, MICRA places a $250,000 cap on non-economic damages in medical malpractice cases.

Generally, the period between the discovery of the nature of the wrongful act and bringing of the law suit is less than a year. Or even it could be after a year within ten and a half years.

Oklahoma “caps,” or limits damages in medical malpractice cases. Under Oklahoma Statutes, non-economic damages are capped at $350,000, unless the case involves a wrongful death or the judge determines there is “clear and convincing” evidence that the defendant acted with gross negligence, reckless regard, fraudulent intent or the intent to cause harm. Oklahoma sets a statute of time limit, gives those injured by medical negligence in Oklahoma three years to file their claims in court.

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