MALPRACTICE;

You asked how a medical malpractice judgment of $ 1 million each in economic and noneconomic damages would be handled in Nebraska and New Mexico.

Nebraska and New Mexico cap “total” damages in medical malpractices cases. Nebraska’s cap is $ 1. 25 million and New Mexico’s $ 600,000.

Both states have excess liability funds to pay excess judgments or awards. An excess judgment or award is the amount of the judgment or award that exceeds the amount of a doctor’s primary liability insurance coverage.

Nebraska requires doctors to carry minimum coverage of $ 200,000 per incident and $ 600,000 per occurrence. The Nebraska Excess Liability Fund charges about 35% of the cost of a doctor’s primary insurance premium for excess liability protection.

New Mexico has a Patient Compensation Fund, which pays judgments or awards over $ 200,000. The fund is financed by a percentage surcharge on doctor’s basic liability coverage. Basic coverage is $ 200,000 per incident and $ 600,000 per occurrence.

In Nebraska, the maximum amount an injured patient can get is $ 1. 25 million. Presumably, under your scenario $ 1 million in economic damages would be paid and $ 250,000 would be awarded for noneconomic damages. Assuming the doctor was covered for the minimum $ 200,000 in primary coverage, the fund would pay $ 1,050,000.

In New Mexico, the maximum payment is $ 600,000. Again, we assume that economic damages would be paid first. $ 200,000 in primary insurance coverage applies resulting in a net fund payment of $ 400,000.

Indiana, Kansas, Louisiana, Pennsylvania, South Carolina and Wisconsin also have Patient or Excess Liability funds.

JH: ts