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Note that "an unduly harsh some" will usually exceed all the insurance policies. $200 million verdicts land on the lap of the party, usually. Maybe not -- I'm not real familiar with the levels and insurance and excess insurance doctors/hospitals retain. I do know that for me, if a malpractice judgment exceeds $4 million, my firm would likely be paying out-of-pocket. Oh, I'd be fired of course.
Except for the limit on pain and suffering, it sounds like we do it here. However, what's missing from you calculation is the "damages" for what was lost. How is a lost leg accounted for? Is it just pain and suffering? Here we view it as the loss of a valuable body part, which can have any amount of value. If it's Kobe Bryant's leg, for instance, he'd suffer damages in the dozens of millions.
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