What limits do states in the Midwest have on awards for non-economic damages in medical malpractice cases?
According to the American Medical Association, more than half of the U.S. states cap non-economic damages, including six in the Midwest Kansas, Michigan, North Dakota, Ohio, South Dakota and Wisconsin. Statutes in Indiana and Nebraska place caps on total damages. Indiana restricts medical liability damage awards to $1.25 million for acts that occurred after July 1, 1999. Awards for incidents prior to that date are capped at $750,000. Health care providers are not liable for more than $250,000 per occurrence, as awards exceeding that amount are paid out of a special patient compensation fund. In Nebraska, total damage awards are limited to $1.75 million. For providers who carry minimum levels of liability insurance and pay a surcharge to an excess coverage fund, liability in malpractice cases cannot exceed $200,000. Damages above that amount are paid by the excess coverage fund. Michigans caps on non-economic damages are two-tiered, one for “ordinary” medical malpractice cases and a hig
