Damage Caps in Kentucky Medical Malpractice Cases: Do They Exist?
Medical malpractice cases often involve devastating injuries, a significant decrease in quality of life, and an ongoing need for long-term care. Because these losses can be substantial and cost so much, many states have passed laws that limit how much a patient can recover in a lawsuit. These limits may have a dramatic effect on how much a case is worth and how much a family ultimately receives.
Unlike many other states, Kentucky does not currently have traditional damage caps on medical malpractice awards. This means that if a patient has substantial evidence of financial losses, they may be able to recover their full losses rather than being limited by an arbitrary statutory cap.
This doesn’t mean that compensation is unlimited, though. There are still many practical factors that may limit the outcome of a medical malpractice case. That’s why it’s important to work with an experienced medical malpractice attorney who can advocate for you. Contact Crandall & Pera Law, LLC to set up a time to meet with our team now.
What are damage caps in medical malpractice cases?
Damage caps are legal limits on the amount of compensation a patient can receive in a medical malpractice lawsuit. While each state has a slightly different approach to damage caps, some states only cap non-economic damages. This includes damages without a clear financial value, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
That doesn’t mean that these losses are less valuable or genuine than economic damages—just that they are more difficult to quantify.
In some states, caps apply to the entire amount a patient receives, including both economic and non-economic damages.
Why do some states have medical malpractice damage caps?
For those who have never encountered damage caps before, they may seem unnecessary—if a patient has proven financial losses due to medical malpractice, why cap their ability to recover their damages?
Supporters of damage caps believe that these limits protect those in the medical profession and discourage medical care providers from leaving their state. Medical malpractice insurance is often a significant expense for medical providers, and for those in high-risk specialties, the cost may be enough to drive them out of certain areas entirely. Additionally, some supporters of damage caps believe that these limits prevent people from filing frivolous lawsuits.
Kentucky does not have traditional medical malpractice damage caps
Unlike many states, Kentucky currently has no enforceable statutory cap on damages in medical malpractice cases. There is no fixed limit on how much a patient can recover if they prove that medical negligence caused their injuries and they are able to provide evidence of their injury-related losses.
This is due to Kentucky’s Constitution. The state’s Constitution includes a section barring the General Assembly from limiting the amount to be recovered for injuries resulting in death, bodily harm, or property damage.
Which types of damages are awarded in Kentucky medical malpractice cases?
If a patient is successful in their medical malpractice case, they may be entitled to several types of compensation. Compensation is generally divided into two categories: economic and non-economic damages. This breakdown is important in states where compensation is limited in one category but not the other.
The category of economic damages includes the measurable financial losses with a clear monetary value that a patient has after an injury. They include:
- Medical expenses
- Future medical care and treatment
- Rehabilitation expenses
- Lost wages
- Loss of earning capacity
- Long-term care needs
These damages reflect your actual financial losses, so they often make up a significant portion of a medical malpractice award.
Non-economic damages aim to make a patient whole for the personal and emotional losses they have suffered. This category includes damages like:
- Pain and suffering
- Emotional distress
- Permanent disability
- Disfigurement
- Loss of quality of life
These losses can be harder to place a monetary value on, which is why it’s important to work with a medical malpractice lawyer who can thoroughly document and prove your damages.
Limits that may still affect compensation
Kentucky medical malpractice plaintiffs are not limited by statutory damage caps, but there are still a handful of factors that can influence how much compensation they get from negotiations or a court case.
Relevant factors include:
- The general strength of their evidence: Medical malpractice claims require proof that a care provider did not meet the accepted standard of care in their specialty and that their failure led to the patient’s injury. This can be a fairly high bar to clear, and without appropriate evidence, a patient may be limited in how much they can recover.
- Insurance coverage limits: These claims are typically paid out by medical malpractice insurance, not by the care provider or facility itself. The total amount of insurance coverage available may influence how negotiations proceed and how much a patient receives.
- Comparative fault: Kentucky is a comparative negligence state, which means that compensation may be reduced if a plaintiff is partially at fault for their own injuries. This can clearly decrease the amount a patient receives.
What makes Kentucky different from states with medical malpractice caps?
Because Kentucky doesn’t have damage caps for medical malpractice cases, the amount of damages is generally determined by a jury based on the evidence, rather than being limited by a statutory cap. As a result, malpractice awards reflect the actual losses in each case. If there is a particularly egregious case that leaves a victim with over $1 million in damages, the jury has the freedom to award that amount, rather than limiting recovery to a predetermined amount.
If you’ve been injured by a negligent medical care provider, let’s talk—we’re here to help
The medical malpractice attorneys at Crandall & Pera Law, LLC, advocate for patients harmed by medical providers they trusted. Take the first step in your case now by filling out our online intake form.