Civil Procedure Keyed to Friedenthal
Ingraham v. United States
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The Texas Medical Liability and Improvement Act caps non-economic damages (i.e., pain and suffering) at $500,000 for medical malpractice. Plaintiff Ingraham was operated on by an Air Force surgeon and was injured. He sued the United States under the Federal Tort Claims Act and recovered $1.2 million, which was $364,000 in lost wages, and $900,000 for pain, suffering, and disability. The Bond family, additional Plaintiffs, sued the United States for an Air Force physician’s negligence. Jocelyn Bond was awarded $4 million for medical expenses and other losses, and David Bond was awarded $750,000 for loss of society. In both cases, after pleadings, trial, and judgment, the United States filed motions claiming that the damages were excessive because they were limited by the Texas Act. Both motions were denied.
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