Caps/Care
Life Care Plan & State Caps
The carelessness of a health care provider can result in a future of severe hardships for the family and child. The loss of ability to enjoy life can me immeasurable, and unfortunately, in many states the recovery for this loss has been capped. The political campaign to do away with "frivolous" lawsuits has actually limited those cases with the most merit. (You may view an older list of the various states and their caps at the end of this web page - click here, but be aware that the laws in these states are constantly in flux.
At our office we strive to obtain all the financial compensation possible to care for an injured child. By far the greatest financial cost to families often the future attendant or custodial care, that is the cost to have a nurse or other helper assist in caring for the child during the child's lifetime. Future attendant or custodial care is a type of future medical damage (click here for more info). In most states this type of damage is not capped, the recovery is not limited. We often work with Life Care experts to accurately determine this future cost. While these plans may run 20 to 30 pages long or more, for an example of a life care plan summary click here.
Accurately determining the non-economic damages, which are not capped in most states, is extremely important in birth trauma cases. The charts below provide some insights into the battle of the insurance companies and health care providers to limit the recovery of innocent children.
The first chart is based upon information available and complied as of 2004 by the Association of Trial Lawyers of America and the Medical Liability Montitor. The chart provides a rough gage of the "cap" battle in America. The chart is not currently accurate. Recent changes to state laws by insurance lobbyists have resulted in more states placing caps on recoveries. These caps are being challenged in some states. For example, Wisconsin had its caps on recovery struck down in 2005. But Illinois has passed laws in 2005 to place caps on recoveries in their state. Additionally, this chart, as well as the chart immediately below it show that these caps do not decrease malpractice insurance premiums. Please read the full disclaimer at the end of this page.