Negligent medical conduct harms patients in many ways. It may lead to birth injuries, conditions that could have been treated, may worsen due to delayed or missed diagnoses, and surgical errors may cause lifelong disabilities. In the worse case – patients may suffer a wrongful death as the result of medical malpractice. If you believe that you or as loved one has received negligent medical care and suffered harm as a result, it is crucial you consult with an experienced California birth injury attorney to begin an investigation into your circumstance and help you determine your next steps.
Currently, California is considering raising the current cap on medical malpractice damages. Such reform is necessary. Proposition 46 seeks to adjust the current $250,000 limit on recovery for pain and suffering damages set in place by Governor Jerry Brown more than 30 years ago. The limit, adjusted for inflation, amounts to barely $100,000 today. Pain and suffering damages are those non-economic damages that account for "non-tangible" consequences of negligent medical care. As a result, because of the de minimus recovery allowed, imposing the cap is the most harmful to individuals without significant economic damages. This includes harmed patients – such as children, the elderly and stay-at-home parents. Because of the high cost of bringing a medical malpractice lawsuit, individuals whose potential recovery is limited, may not be able to obtain justice as all for the harm caused by negligent doctors, hospitals and other health care professionals.
On Tuesday, November 4th California voters will have the opportunity to vote on this critical issue. As California birth injury lawyers, we urge you to support this measure and help bring justice to victims of medical malpractice.