When it comes to medical malpractice, it is difficult to put a monetary value on the pain and suffering someone faces as the result of a medical practitioner’s negligence. Pain and suffering is something that is not only intangible but it is different for every person. Attaching a cash value to something as personal as pain and suffering can be a difficult process, and you may want to know what the maximum amount allowed is under Massachusetts’s law.
According to the 191st General Court of Massachusetts, the maximum amount of compensation that you may receive for your pain and suffering in a medical malpractice case is $500,000. This figure applies to monetary awards for pain and suffering, embarrassment, loss of companionship and other general damages. There is an exemption to this rule, however, for certain circumstances. If you sustain an impairment or permanent loss of bodily function, for example, or substantial disfigurement. Additionally, if the jury finds that a limitation of $500,000 would deprive you of just compensation, that cap may not apply.
This amount may see a reduction if you are sharing the case with more than one person. In that case, you may receive compensation that is a certain percentage of $500,000, based on your share of the injury compared to other victims. For example, if you and one other person are both hurt by the same practitioner, but your injuries were much greater than the other party’s, you would see most of that compensation. You may receive other types of compensation during your case to cover things like medical expenses, lost wages and other relevant bills.