The question concerning limiting damage awards in medical malpractice cases is a controversial one. According to the American Medical Association, nearly 30 states have enacted laws that limit damages in medical malpractice cases. At least 16 state courts have upheld a cap on non-economic or total damages as constitutional, while at least 11 states have overturned a cap as unconstitutional. The states that have overturned a cap on damages have done so primarily on the basis that the cap violates the equal protection clause of the constitution. Fortunately, for New Hampshire residents injured by medical malpractice, the state’s Supreme Court has struck down statutorily enacted medical malpractice damage caps.
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