Medical Malpractice Caps Deny Birth Injury Victims The Compensation They Deserve

Medical Malpractice Caps Deny Birth Injury Victims The Compensation They Deserve

Recently, Maryland legislators introduced a bill that would limit a child and family's ability to recover all the compensation they are entitled if the child sustained a birth injury. Called a "birth injury fund," the legislation would have doctors, hospitals and insurance providers set aside money to pay medical bills and costs when patients sustain birth injuries as the result of medical malpractice. However, this bill would strip families of their ability to file civil lawsuits and recover damages such as pain and suffering, which cover the costs associated with dealing with catastrophic injuries. Often infants who sustained serous birth trauma - such as brain injuries – require a lifetime of medical care and rehabilitation, leading to often-insurmountable bills.

Additionally, such funds have an administrative judge determine whether an injured party was harmed by medical negligence – rather than a jury. Because negligent doctors are never asked to explain what happened, and doctors who make critical errors are not held accountable, "bad" doctors aren't deterred from committing errors and taking short cuts, and the incentives to improving patient care and safety are reduced.

On the other hand, California citizens have the opportunity to change existing medical malpractice limits and help patients harmed by medical errors. The proposed ballot initiative "38 is too late" seeks to eliminate the cap on non-economic damages established back in 1975. If enough signatures are collected, the initiative will be placed on the state ballot in November 2014.

As San Diego birth injury attorneys, we are dedicated to helping those injured by medical malpractice obtain the compensation they deserve. We support all measures to improve patient safety, and those that eliminate barriers to recovery. For more information about birth injury lawsuits, or if you believe your child has been harmed by medical malpractice, Please contact our compassionate San Diego medical malpractice attorneys immediately for an initial consultation.


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