Are Victims Rights to a Jury Trial Compromised If Non-economic Damages Are Limited?
The limiting of non-economic damages in no way changes a person’s right to a jury trial and to fair and just compensation for his or her injury. Every person is entitled to receive health care services from a physician or other provider that are at least equal to the “community standard of care.” If the patient is injured by substandard care and suffers economic losses, the patient is entitled to recover those losses completely. Are the Elderly or Unemployed Harmed by Limitations on Non-economic Damages? Non-economic damages are awarded on top of the compensation for plaintiff’s actual economic losses. Non-economic damages compensate an individual for physical and emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other intangible, non-monetary losses. Non-economic damages have never been intended to serve as an additional compensation or “lottery” award to boost a plaintiff from one economic level to another. When a plaintiff enters a medical liab
