Q What Are the Damage Caps in NC?
North Carolina does place a limit on the amount you can receive as compensation for a medical malpractice.
A law in 2001 set the cap for non-economic damages at $500,000 for medical malpractice lawsuits. Non-economic damages include:
- Pain and suffering
- Emotional Distress
- Loss of Companionship
- Loss of Enjoyment of Life
- Non-economic damages vary depending on the case. In 2014, the cap began changing with inflation and it will continue to change each year.
The cap does not apply to parties who suffered from disfiguration, permanent injury due to the defendant's recklessness or gross negligence. If a case meets this criterion, there is no cap on the compensation that could be awarded.
An award for loss of income, medical bills, and other economic damages are also not restricted by a cap.