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Verdicts
Decreased Real Value of Money Damages a Subject for Legislature
Medical malpractice damage caps enacted years ago without provision for cost-of-living increases were not rendered unconstitutional by that omission. Monistere v. Engelhardt, 04-CA-1126 (La.App. 5 Cir. 02/15/05); 2005 La. App. LEXIS 261.
The plaintiffs filed this medical malpractice action against plaintiff's decedent's doctor, after a finding by the Medical Review Panel that the doctor breached the applicable standard of care. The trial judge found for plaintiff wife and daughter and awarded $175,000 for decedent's survival action, and $1,100,000 to plaintiffs for their wrongful death claims. The trial judge reduced this award to $500,000 in accordance with the medical malpractice recovery limits set forth in LSA-R.S. 40:1299.42B(1). The trial judge also awarded costs and legal interest from the date of filing of the complaint.
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