Justice For Victims of Medical Malpractice

Justice For Victims of Medical Malpractice

According to a 2013 Journal of Patient Safety Study, nearly 400,000 patients die each year in hospitals as the result of preventable medical errors. While patient safety advocates search for steps that can be implemented to improve outcomes, a measure on Tuesday's ballot - Prop 46 - can provide greater justice to those patients and families affected by medical errors. Prop 46 seeks to adjust for inflation the current $250,000 cap on non-economic damages, set in 1975.

Non-economic damages are distinct from economic damages (lost wages) and account for non-tangible items such as pain and suffering, and the loss of enjoyment of life. These are often hard to quantify, but are the essence of what may be lost when an individual suffers serious and debilitating harm. While such damages are often recoverable in other forms of personal injury actions (such as a car accident), the Medical Injury Compensation Reform Act (MICRA) limits what may be recovered in medical malpractice actions. Often California's most vulnerable, the young, the elderly and stay-at-home parents without an income, are unable to seek justice in a courtroom for their injuries due to the expense of bringing medical malpractice lawsuits.

While not eliminating all barriers, passing Prop 46 would make great strides in ensuring victims of medical negligence receive more of the compensation they deserve for their injuries.

For more information about medical malpractice, or if you believe that you or a loved one has suffered harm as the result of a medical error, please contact the dedicated San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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