Limits on Recovery

Many jurisdictions have reformed medical malpractice recovery in an effort to decrease hospital and physician costs. In California, for example, recovery for non-economic damages are limited to $250,000. Non-economic damages are costs that are not actually incurred, such as pain and suffering or mental anguish. States have enacted such laws in order to keep health care costs low, in addition to helping curb medical malpractice litigation.

Opponents of medical malpractice reform claim that consumers bear the burden of medical negligence, while simultaneously allowing immunity for irresponsible or negligent physicians and medical facilities.