Anytime you or a loved one requires care from a health care establishment, there’s always an implied expectation of safety and trust implicit with the Hippocratic oath, the guiding principle to “First, do no harm.” 

But as much faith as we want to put in our health care providers, the bitter reality is that medical malpractice can happen. According to the National Academy of Science Institute of Medicine, as many as 98,000 Americans die each year from medical errors, with countless more suffering serious and lasting harm or even permanent disability. 

In a system where these types of preventable errors are alarmingly common, it only seems right that the law would step in to promote accountability and justice for the families of those harmed through medical negligence. But instead of upholding that justice, some states have been moving toward caps on medical malpractice damages, prioritizing corporate profits over the lives and suffering of injured patients.

Understanding Noneconomic Damages

Medical malpractice damages are split into economic and noneconomic losses. Economic damages cover economically measurable losses like these:

• Medical bills
• Lost wages
• Lost business profits
• Repair costs
• Cost of trips to doctor’s appointments
• Special equipment needed for recovery
• Other out-of-pocket costs

Noneconomic losses include damages that aren’t as easy to quantify in monetary terms. These may compensate for: 

• Loss of companionship due to wrongful death
• Lifelong disability
• Lifelong disfigurement
• Loss of enjoyment of life
• Physical pain and suffering

By capping these damages, the law essentially places an arbitrary ceiling on the value of human suffering.

What Are Medical Malpractice Caps?

Medical malpractice caps are statutory limits on the amount of compensation a plaintiff can be awarded for medical malpractice. Oklahoma imposes $500,000 medical malpractice caps on non-economic damages with very few exceptions. 

Exceptions may include: 

1. Permanent severe physical injury

This may include significant disfigurements, the loss of one or more limbs, substantial impairment or loss of an organ or organ system, or any injury resulting from medical malpractice that “renders the plaintiff incapable of being able to independently care for himself or herself or perform life-sustaining activities.”

2. Permanent severe mental injury

If the plaintiff suffers a severe, permanent mental injury that interferes with their achievement of a “reasonable standard of living” or ability to maintain employment, the cap can be increased to $1 million. 

3. Extreme medical misconduct

If both judge and jury find there is clear and convincing evidence that the defended acted with gross negligence, recklessness, fraudulent behavior, or intentional malice, there is no cap on noneconomic medical malpractice damages.

The Importance of Accountability

Proponents of medical malpractice damage caps tend to argue that limiting these caps can help with rising healthcare costs. However, the reality is that medical malpractice payouts can serve as a form of accountability, creating a powerful incentive to follow strict safety standards.

According to the Northwestern University Pritzker School of Law, Law & Economics Research Paper Series, measures of safety events tend to worsen in areas where caps have been imposed, often paradoxically contributing to an increase in medical costs. Experts believe that’s because when providers experience fewer consequences for reckless or negligent behavior, the incentive to follow strict safety guidelines diminishes.

If you or a family member has been a victim of medical negligence—whether through a medication error, a surgical mistake, or a failure to diagnose—the law should work to make you whole, not to protect the interests of the party at fault.

Get the Experienced Legal Guidance You Need

Navigating a medical malpractice claim is incredibly complex, especially in a legal environment that increasingly favors large medical corporations and insurance providers. You deserve an advocate who understands the high stakes of these cases and the true cost of preventable harm.

If you believe you have been harmed by medical negligence, contact Tim Gilpin today for a consultation. We believe in accountability and fighting for the justice patients deserve.