Limitation on recovery; punitive damages; wrongful death

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  • (a) The total amount recoverable for any injury of a patient may not exceed two hundred and fifty thousand dollars ($250,000) per occurrence.

  • (b) The only damages which may be awarded in an action under this subchapter are the following:

    • (1) economic damages; and

    • (2) noneconomic damages.

  • (c) The total amount awarded for noneconomic damages for any injury to a patient as a result of a single occurrence in an action under this subchapter may not exceed seventy-five thousand dollars ($75,000).

  • (d) No punitive damages may be awarded in an action filed under this subchapter.

  • (e) The maximum amounts specified in this section are inclusive of:

    • (1) actual expenses up to the time of trial paid or payable or reimbursed or reimbursable from any other source for reasonable and necessary:

      • (A) medical care;

      • (B) custodial care; and

      • (C) rehabilitation services;

    • (2) estimated future expenses reimbursable or payable from any other sources for reasonable and necessary:

      • (A) medical care;

      • (B) custodial care; and

      • (C) rehabilitation services; and

    • (3) lost earnings paid or payable from any other source.

  • (f) The recovery in an action for wrongful death of a patient shall be as provided in Title 5, section 76, Virgin Islands Code, and shall be subject to the same limitations on recovery as are provided for in this section.


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