Plaintiffs Challenge Nevada’s Medical Malpractice Cap

Posted on Aug 25, 2010 7:29pm PDT

In the state of Nevada, doctors are on the edge because the state's cap on medical malpractice damages has been challenged.

Recently, there has been a measure introduced which questions limited non-economic damages in medical malpractice lawsuits which is set at $350,000. Doctors argue that the cap is necessary to keep physicians from leaving the state due to sky high insurance premiums.

However, plaintiffs in one case are challenging the cap on multiple grounds according to the Las Vegas Review-Journal. They are the family members of a woman who was the victim of misdiagnosis and they believe that the cap places limits on each particular case, not an event as a whole. In this case, which involves a family estate and seven surviving family members, each family member could file a claim against the hospital as well as the doctor - that's 16 claims or $5.6 million in possible non-economic damages.

Doctors throughout the state assert that the cap should be limited to $350,000 regardless of the number of claims that are filed.

If the court disagreed with the plaintiffs, it is said that they will ask that the entire cap be ruled an unconstitutional violation of equal protection guarantees in both the United States and state of Nevada constitutions. 30 states have similar medical malpractice caps and remain split on whether they are constitutional or not.

If you have been a victim of medical malpractice and you plan to file a lawsuit, speak with the North Carolina personal injury lawyer by contacting the Lanier Law Group, P.A.

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