Submitted by Terra9 on Tue, 06/02/2009 - 14:17
My mother is involved in a medical malpractice case agains a doctor and a hospital. I'm not even sure what her damages are, but does MA law limit the amount of money she could win?
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Editor's Response
Massachusetts General Laws Chapter 231, Section 60H requires judges to instruct juries not award more than $500,000 for general damages (things like pain and suffering, loss of companionship, etc.), UNLESS the jury finds that the plaintiff has suffered "a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained."
In practice, plaintiff's attorneys are frequently able to convince juries that such a loss or impairment was suffered by the plaintiff. Please tell your friends about The Forum.