While medical malpractice lawsuits only represent around seven percent of all tort trial cases, payouts from this type of litigation litigations average at $450,000 (US Department of Justice, 1999). If you feel that you've been the victim of negligence or harmful actions by a medical professional, you may have the grounds for a medical malpractice suit. Medical malpractice tort laws vary by state, so before pressing charges, it may be beneficial to understand the regulations in your area. Civic Duties: Medical Malpractice Medical malpractice is a general term that applies to most acts of negligence by health care professionals that result in injury or death for a patient. The majority of medical malpractice lawsuits involve a medical error, where a preventable ill effect resulted from a shortfall like partial or erroneous diagnosis or treatment. Economic damages in a medical malpractice lawsuit refer to financial losses such as lost wages, earning capacity and medical expenses. Non-economic damages are subjectively assessed on the nature of the injury itself, such as the physical and psychological harm caused by the malpractice. Tort Laws by State: Limits on Damage Awards A number of states have an instituted cap on monetary awards for plaintiffs. For example, Colorado places a one million dollar limit on all damages, and a $300,000 limit on non-economic damages (National Conference of State Legislatures, 2004). Some states, including Tennessee and Vermont, have no limit on damage awards. Alabama's Supreme Court even goes so far as to declare limitations on damage awards unconstitutional. Expert Witnesses States have different regulations for determining the eligibility of expert witnesses in a medical malpractice lawsuit. In Arkansas, for instance, an expert witness is only allowed to testify if he's a healthcare professional of the same area of expertise as the defendant. Other states, including Hawaii and Kentucky, have no requirements for expert witness qualification. Attorney Fees Several states place limitations on appropriate attorney fees for medical malpractice lawsuits. For example, Maine has instituted a sliding scale where attorney fees can't exceed one third of the first $100,000 in awarded damages, 25 percent of the next $100,000 and 20 percent of all damages that surpass $200,000 (National Conference of State Legislatures, 2004). Oklahoma allows attorneys to receive up to 50 percent of the total award amount. States like Kentucky, Louisiana and North Dakota place no limit on attorney fees. One of the landmark cases in tort law involving medical malpractice surrounded the death of Michael Jackson.