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Non-economic damages caps, or medical malpractice caps, are controversial tort reforms to limit (''i.e.'', "cap") damages in medical malpractice cases for non-pecuniary harms such as permanent disability, disfigurement, blindness, loss of a limb, paralysis, trauma, or physical pain and suffering.〔(【引用サイトリンク】 title=HOT COFFEE - FAQs About Caps )〕 These are, collectively, referred to as hedonic damages. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, and lost future income.〔(【引用サイトリンク】title=Economic And Non-Economic Damages In Personal Injury Case )〕 Non-economic damages compensate injuries and losses that are not easily quantified by a dollar amount. Also known as quality-of-life damages, this compensation covers the family of victims who have died, or severely injured victims. Many states with non-economic damage caps have defined non-economic damages by statute. ==State definitions and caps== Overall, non-economic damages throughout the United States cover pain, suffering, and other nonpecuniary injuries, and caps range from $250,000 to $750,000. Damage caps have various purposes; for instance, they can discourage malicious lawsuits and prevent the costs of transacting business from being overly inflated, but have also been criticized for other reasons. In California, non-economic damages awarded in medical malpractice actions are capped at $250,000. Non-economic damages are meant "to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage."〔Ann.Cal.Civ.Code § 3333.2(a) (West)〕 In Maryland, non-economic damages are capped at $800,000. In personal injury cases, non-economic damages are defined as "pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury" . In wrongful death cases non-economic damages are defined as "mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article." 〔Md. Code Ann., Cts. & Jud. Proc. § 11-108 (West)〕 In Wisconsin, non-economic damages for medical malpractice are capped at $750,000. Non-economic damages means "moneys intended to compensate for pain and suffering; humiliation; embarrassment; worry; mental distress; noneconomic effects of disability including loss of enjoyment of the normal activities, benefits and pleasures of life and loss of mental or physical health, well-being or bodily functions; loss of consortium, society and companionship; or loss of love and affection.".〔Wis. Stat. Ann. § 893.55 (West)〕 Michigan normally has a cap of $280,000 for "noneconomic loss," which is defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 29222 or otherwise, loss of consortium, or other noneconomic loss.〔Mich. Comp. Laws Ann. § 600.1483 (West)〕 However, the cap is increased to $500,000 where the plaintiff, due to physician negligence, is made "hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by () injury to the brain () injury to the spinal cord"; "when the plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living"; or "there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate." 〔Mich. Comp. Laws Ann. § 600.1483 (West)〕 In West Virginia, non-economic damages are capped at $500,000. Non-economic damages are "(1) wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities."〔W. Va. Code Ann. § 55-7B-8 (West)〕 Five states have a single "Umbrella Limit" on on all damages including both economic and non-economic losses.These caps range from $250,000 in Indiana to $2,500,000 in Nebraska. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Non-economic damages caps」の詳細全文を読む スポンサード リンク
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