What are the special rules that apply in medical malpractice cases?
There are many; but to name just a few: • 1. If MICRA applies, damages (money you can recover for your injury) for pain and suffering can be no more than $250,000, even when there has been a death or serious injury. This limitation does not apply to “economic” damages, which includes past or future earnings, past or future medical expenses, loss of the value of household services attributable to your injuries or the injuries or death of a loved one. However, the Heimberg Law Group has been a pioneer in arguing that in certain cases, MICRA does not apply. • 2. Unlike normal personal injury cases, where someone’s insurance coverage can never be mentioned to a jury, in a medical malpractice case any money you received from your health insurance or from other sources, such as Social Security or disability benefits, may be shown to the jury at trial. The jury is then allowed to limit your award by subtracting the insurance or benefits money you received from the amount awarded by the court.
