In any action for injury against a health care provider, the injured party and spouse may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, etc.
Alabama statutes have attempted to put caps on the damages that can be awarded in medical malpractice cases. The statutes provide that the limits for noneconomic damages in an injury case are $400,000 and the judgment in a wrongful death case cannot exceed $1,000,000. The courts have declared these statutes to be unconstitutional. County and municipality liability is limited to $100,000 per person and $300,000 per occurrence.
