California medical malpractice caps in need of reform

California medical malpractice caps in need of reform

When you receive medical care that harms you, or a doctor, nurse or other medical professional, fails to provide the care you need, and you suffer an injury, it may be possible to file a medical malpractice claim.  This includes situations where there’s a wrong-site surgery, or a doctor delays making the correct diagnosis and your condition worsens, or where a doctor makes a preventable medical error and you suffer a catastrophic loss.  In each case, consulting with an experienced medical malpractice lawyer is important to get advice on your next steps, begin an investigation into just went wrong and determine whether bringing a successful medical malpractice lawsuit is feasible.  A lawsuit may recover economic damages, and pain and suffering, along with other damages.

Currently however, the amount of pain and suffering damages one may recover is limited.  These types of damage awards have been capped at $250,000 for more that 40 years.  This means that for those without wages to lose – such as a child or a non-working adult – their recovery may be severely limited. Unfortunately, for a life time of suffering, this amount provides little justice.

However, a new bill now seeks to raise the cap and potentially eliminate it in cases of catastrophic injuries and death – aligning California with numerous states across the country. As California medical malpractice lawyers dedicated to obtaining justice for our clients and seeking to improve medical care, we support efforts to repeal this arbitrary law.  Victims of medical malpractice deserve to be fully and fairly compensated for their injuries. 

For more information or if you or a loved one has suffered medical harm please contact the experienced San Diego personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.

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