In Louisiana the cap on Medical Malpractice damages was set at $500,000 in 1975. Well the Louisiana Supreme Court has recently ruled that that amount ($500,000) in not adequate anymore. It is too low.
– Louisiana’s $500,000 cap on medical malpractice damages, set in
1975, is unconstitutional because it no longer provides an adequate
remedy to patients, the 3rd Circuit Court of Appeal in Lake Charles has
ruled in a 3-2 decision.
A $500,000 award would be worth about
$160,000 today, the opinion, issued Wednesday, said. The court said
evidence indicates the cap would have to be raised to $1.6 million or
$1.7 million to provide the same protection as it did 31 years ago.
"In either case, we find the current $500,000 cap fails to provide an
adequate remedy to today’s severely injured plaintiffs, and thus, is
unconstitutional. ," the ruling says.
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