The government with a preset limit or citizens on a jury on a case by case basis.
Maybe I should have said Obama or citizens.

Quan
A jury...

James69sk82001
A judge..

Islam Delenda Est
It should be set at 0 by the government. "Pain and suffering" is just a way to legally steal from someone.

andy g
Common sense!! Yes that is an answer!!

Angus
The jury, definitely. Cases of malpractice are so wildly variable that having a national, blanket maximum wouldn't make sense.

Mike S
A jury of course. One size rarely fits all. good luck to you

The fed up matthew™
Congress, they decide life and death matters so why not. There should be some kind of maximum limit that a jury can award. If you really want to put power back in the hands of the jury as you're implying then we should teach about the existence of jury nullification. Judges and lawyers would love that I'm sure. LOL If you ever need to get out of jury duty just mention nullification and you're outta there!

Redjr01
Definitely a jury. If the patient is ruined for life and can't earn, I would rather have the doctor pay for support of the person rather than taxpayers.

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Orignal From: Tips: Who should determine the maximum amount someone can be awarded for pain & suffering in a malpractice lawsuit?

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