What is the Cap on Medical Malpractice Damages in Knoxville?
Historically, Tennessee was one of a few states that did not place a cap on the damages, or compensation, available in medical malpractice cases. That changed in 2011, when lawmakers introduced a cap on the amount of damages a plaintiff could receive when they were harmed by medical negligence. These caps can make it difficult to obtain the full compensation you deserve after being hurt by a doctor, nurse, or other healthcare worker. Below, our Knoxville medical malpractice attorney explains how to obtain the maximum damages you deserve.
Economic Damages vs. Non-Economic Damages
Before understanding the caps placed on damages in medical malpractice cases, you must first understand the different types of compensation available. Damages are divided into two main types in medical malpractice cases. These are economic and non-economic damages.
Economic damages are those that have a fixed dollar value. These damages include lost income, medical expenses, and more. Non-economic damages do not have a concrete dollar value. These damages can include pain and suffering, loss of consortium, and permanent scarring and disfigurement.
Non-economic damages are harder to calculate due to the fact that they do not have a firm dollar value. A Knoxville medical malpractice attorney will use one of many different formulas to accurately calculate the amount of non-economic damages you deserve. They may attribute a certain amount of damages per day, or they may multiply the amount of economic damages by a certain number, depending on the nature and severity of your injuries.
The Caps on Medical Malpractice Damages in Knoxville
For over a decade, Tennessee has placed a cap on damages in medical malpractice cases. There is no cap on economic damages. This means that you can pursue the full amount of losses you sustained when they have a fixed dollar value. However, the law does place a cap of $750,000 on non-economic damages. The cap increases to $1 million if you suffered a catastrophic injury, such as an amputation of multiple limbs, paralysis, and certain cases of wrongful death.
The caps on damages can make it more difficult to obtain the full compensation you deserve. For this reason, it is critical to work with an attorney who can help you obtain the full settlement you are entitled to. An attorney will identify all of your economic losses, so you obtain the full compensation for all of your losses. This can also help when calculating your economic damages to determine the amount of non-economic damages you deserve.
Our Medical Malpractice Attorney in Knoxville Can Help You Obtain Full Damages
It is always challenging to obtain the maximum compensation you deserve in any personal injury case. When a case involves medical malpractice, it is even more difficult. At Atkins Brezina, PLLC, our Knoxville medical malpractice attorney knows how to overcome the challenges these cases present so you obtain the full settlement you are entitled to. Call us now at 865-500-3121 or reach out to us online to schedule a free consultation and to learn more.
Source:
tn.gov/health/health-professionals/hcf-main/filing-a-complaint.html
