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Recoverable Damages

In any action for injury against a health care provider, the injured party and spouse may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, etc. Although the Alabama legislature passed a damage cap in 1987, is was held to be unconstitutional. The statute, which has never been repealed, provides that a medical malpractice plaintiff`s recovery for non­economic losses, including punitive damages, may not exceed $400,000. The Court has also held to be unconstitutional a $250,000 cap on punitive damages. Damages for wrongful death, including wrongful death caused by medical malpractice, are awarded in Alabama in a manner unique to that state. That is to say they are considered punitive rather than compensatory. There are limits for County and municipal liability. For bodily injury or death it is limited to $100,000 per claimant and $300,000 per occurrence.

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