How much is a medical negligence case worth?
Medical mistakes are more of a common occurrence than you would think. Researchers at Johns Hopkins University have found that approximately 250,000 people in the U.S. lose their lives each year as a result of errors in the care that they’ve received at the hand of healthcare professionals. What’s more, these errors were preventable.
If you believe that you have been a victim of medical negligence, you may be able to secure compensation for your injuries by bringing a claim of medical malpractice against the responsible party or parties. Errors on the part of a healthcare professional can result in significant economic damages as well as non-economic damages such as pain and suffering. For many victims, these mistakes are life-threatening, and, sadly, may even result in death.
If you’re considering bringing a suit for medical malpractice against a medical professional, first contact an attorney with experience handling cases like your case. At your initial consultation, one of the first questions you may have for your attorney is how much is a medical negligence case worth, in general, and specifically, how much your case could be worth if successful.
In the past, California’s Medical Injury Compensation Reform Act or MICRA, signed into law in 1975, imposed a $250,000 damage cap for harms other than economic out-of-pocket losses. Now, due to recent MICRA law changes, the maximum payouts in medical malpractice for lawsuits have been adjusted.
Updated maximum payouts
On May 23, 2022, Governor Gavin Newsom signed into law Assembly Bill 35 which made some much-needed changes to the MICRA laws. These changes could have a significant impact when it comes to determining how much your medical negligence case is worth.
Changes to MICRA laws impact two types of cases involving medical negligence – personal injury and wrongful death. The 47-year-old $250,000 damage cap for non-economic damages such as pain and suffering will be replaced with newer higher damage limitations.
AB 35 will go into effect on January 1st, 2023 with the following provisions:
- In personal injury cases, there will be a limit of $350,000 on noneconomic damages, with an incremental increase over the next 10 years to $750,000, as well as a 2% annual adjustment for inflation after that.
- In wrongful death cases, the noneconomic damages limit will be $500,000, with an incremental increase over the next 10 years to $1 million, as well as a 2% annual adjustment for inflation after that.
Making you whole again
The good news for Californians is that the recent changes to the MICRA laws will result in an upward adjustment in the maximum payouts for medical negligence cases. However, damages awarded in medical malpractice cases aren’t just dependent on legal caps or type of injury. You must have evidence to offer as proof that you were harmed or injured as a result of negligence on the part of a healthcare provider.
Scott S. Harris, San Diego medical malpractice attorney, has been fighting for victims of medical malpractice for over 30 years. Call to schedule a free consultation.