(b)__Employment-related damages, including lost wages, lost or diminished earning capacity and lost earning opportunity; and

(2)__Noneconomic damages, which are damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.

B.__"Punitive damages" means damages intended to punish willful, malicious or fraudulent behavior and to discourage similar behavior by others.

2.__Damages recoverable.__In an action for professional negligence, the following damages are recoverable:

A.__Compensatory damages.__Economic damages are recoverable as proven without limit.__Recoverable noneconomic damages are limited to $250,000; and

B.__Punitive damages.__Recoverable punitive damages are limited to $75,000.

3.__Application.__This section applies to all cases in which notices of claim are filed after the effective date of this section.

§2908.__Communications of sympathy or benevolence

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Relative" means an alleged victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse's parents.__"Relative" includes these relationships that are created as a result of adoption.__In addition, "relative" includes any person who has a domestic partner relationship with an alleged victim.__As used in this paragraph, "domestic partner" is a person who has registered or is eligible to register as a domestic partner pursuant to Title 22, section 2710.