Medical malpractice news in California

The laws in California concerning medical malpractice are some of the most restrictive with respect to filing claims and recovering damages for injuries that have resulted from professional medical negligence. In medical malpractice news, patients from the state of California could get more money from medical practice lawsuits under a ballot initiative that is now eligible for the election in November 2022. 

In 1975, a cap was set on damages for pain and suffering when filing medical malpractice lawsuits in California. When it was signed into law by Governor Jerry Brown, the cap was intended to deter frivolous lawsuits against doctors as well as hospitals while still preserving the rights of patients to seek damages in court.

Proponents of the measure to change the medical malpractice cap have reportedly collected over 900,000 signatures, which is enough to get the initiative on the ballot in November 2022; the campaign had been delayed due to the uncertainty surrounding the COVID-19 pandemic.

Medical malpractice cap vote coming soon

The medical malpractice cap is currently at $250,000 per plaintiff and only applies to noneconomic damages in medical malpractices claims such as pain and suffering. This means that the physical pain and psychological suffering associated with a permanent injury, disability, or the wrongful death of a loved can only amount to $250,000 in damages.

The proposal behind the cap vote, The Fairness for Injured Patients Act, would raise the limit for damages for pain and suffering and wrongful death in medical malpractice lawsuits from the $250,000 cap set in 1975 to more than 1.2 million. There would also be continued increases to keep up with inflation.  

If the initiative is passed, it would permit judges and jurors to decide that compensation above $250,000 to be appropriate in certain cases of catastrophic injury or death, and it would require juries to be informed about the existence of the cap.

Even with a damage cap, you may be able to maximize the damage you receive when you file a claim with the help and advice from an attorney experienced in medical malpractice in California.

Scott S. Harris, medical malpractice attorney in California, has been helping victims of malpractice for over 30 years. He knows how to obtain the best possible results for your claim in spite of the damage cap by using a forceful approach to negotiating settlements, conducting a thorough investigation, and collecting all important evidence and documentation.

What it means for your case

If you or a loved one has been the victim of medical malpractice and are wondering about when you should contact an attorney, the answer is ASAP! Most states, including California, have strict time limits concerning how long you have to sue after any injury.

An experienced medical malpractice attorney will be able to review all the pertinent information to determine if you have a claim, and, if so, will be able to give you legal advice such as when to file your malpractice lawsuit, the potential value of your claim, and your options for moving forward.

Call the Law Offices of Scott S. Harris to schedule a free consultation.