The Alabama Tort Reform Law, also known as the Medical Liability Act of 1987, was enacted to protect healthcare providers from frivolous lawsuits and excessive damage awards. This law established a cap on the amount of non-economic damages that can be awarded in medical malpractice cases, as well as other restrictions on such cases.
However, there are some exceptions to the Alabama Tort Reform Law that allow individuals to seek higher damages in certain circumstances. Let’s take a closer look at these exceptions.
Table of Contents
Exceptions for "Wanton Conduct"
The Alabama Tort Reform Law includes an exception for cases of "wanton conduct." Wanton conduct refers to an act that is done with a reckless disregard for the safety of others. If a healthcare provider’s actions are found to constitute wanton conduct, the plaintiff may be entitled to higher damages than the cap set by the Tort Reform Law.
To prove wanton conduct, the plaintiff must show that the healthcare provider disregarded a known risk or acted in a manner that was grossly negligent.
Exceptions for "Fraud, Deceit, or Intentional Conduct"
If a healthcare provider is found to have committed fraud, deceit, or intentional conduct, the Alabama Tort Reform Law does not apply. If a plaintiff can prove that a healthcare provider intentionally deceived them or acted with fraudulent intent, they may be able to recover higher damages.
Exceptions for Punitive Damages
In some cases, a plaintiff may be awarded punitive damages in addition to the capped damages allowed under the Alabama Tort Reform Law. Punitive damages are meant to punish a defendant for particularly egregious conduct.
To receive punitive damages, the plaintiff must show that the healthcare provider acted with malice or wantonness, and that their conduct was intentional or consciously reckless.
Exceptions for Wrongful Death
If a healthcare provider’s negligence results in the death of a patient, the Alabama Tort Reform Law allows for higher damages to be awarded to the deceased patient’s estate. In wrongful death cases, the cap on non-economic damages is increased to $1.5 million.
Exceptions for Workers’ Compensation Cases
The Alabama Tort Reform Law does not apply to cases that are covered by workers’ compensation insurance. Workers’ compensation cases involve injuries that are sustained on the job, and are subject to different rules and regulations than medical malpractice cases.
Conclusion
While the Alabama Tort Reform Law established caps on non-economic damages in medical malpractice cases, there are exceptions that allow individuals to seek higher damages in certain circumstances. These exceptions include cases of wanton conduct, fraud or intentional conduct, punitive damages, wrongful death, and workers’ compensation cases.
It’s important to consult with an experienced attorney if you believe you have a medical malpractice claim. An attorney can advise you on your legal rights and help you navigate the complex process of filing a lawsuit.