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The post below was published on Tuesday, November 16th, 2010 at 9:05 AM.

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Third District: Noneconomic Damages Caps

When the parties to a medical malpractice action agree to voluntary binding arbitration, and this statute limits non-economic damages to $250,000 per incident, does that limitation apply to each incident or each separate defendant?

In this case, the Third District held that the cap applies to each incident, regardless of the number of defendants.

















































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