What is the cap on medical malpractice damages in NC?

What is the cap on medical malpractice damages in NC?

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In North Carolina, the legal framework governing medical malpractice includes specific limitations on the types and amounts of damages that can be awarded to victims, particularly with regard to non-economic damages. Understanding these limitations is crucial for anyone considering a medical malpractice claim.

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Cap on Non-Economic Damages

As of January 1, 2023, North Carolina has imposed a cap on non-economic damages in medical malpractice cases, which are now limited to $656,730. This cap was first set at $500,000 when the law was introduced in 2011, and it is adjusted for inflation every three years based on the Consumer Price Index. The cap aims to account for changes in economic conditions over time.

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What Are Non-Economic Damages?

Non-economic damages are intended to compensate for losses that are not easily measurable in monetary terms. These damages may include:

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These damages are subjective and vary significantly from case to case, making them more challenging to calculate than economic damages such as medical bills or lost wages.

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Read: How much does a personal injury lawyer cost in NC?

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Exceptions to the Cap

While the cap on non-economic damages applies in most cases, there are specific exceptions where it may not be enforced:

1. Severe Injuries: If the plaintiff suffers disfigurement, permanent loss of use of a body part, long-term disability, or death, they may be eligible for non-economic damages exceeding the cap.
2. Defendant’s Malicious Conduct: If it can be proven that the defendant acted with recklessness, gross negligence, fraud, or malice, punitive damages may be awarded, and these are not subject to the cap.

In such cases, the jury is not informed of the existence of the cap, allowing them to assess damages based solely on the evidence presented.

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Economic Damages

There is no cap on economic damages in North Carolina medical malpractice cases. Economic damages are those that can be easily quantified, such as:

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This means that victims of medical malpractice who suffer significant economic losses can recover full compensation for these expenses without any limitation.

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In North Carolina, the cap on non-economic damages in medical malpractice cases is set at $656,730 (as of January 2023). This cap applies to subjective losses such as pain and suffering, emotional distress, and loss of enjoyment of life. However, there is no cap on economic damages, such as medical expenses or lost wages. Additionally, exceptions to the cap exist in cases involving severe injuries or malicious conduct by the defendant.

If you are considering a medical malpractice claim, it is important to understand these limitations and exceptions. Consulting with an experienced attorney can provide valuable guidance on how these laws may impact your case and ensure that you receive fair compensation for your injuries.

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