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Bill To Cap Pain And Suffering Law Suits Passed

On Behalf of | Jun 9, 2018 | Wrongful Death

Recently a bill passed in Washington has put a cap on damages that can be claimed during medical malpractice cases for emotional loss known as pain and suffering damages to $250000 for non-economic damages. Payments for economic damages, or actual out-of-pocket medical expenses and lost wages, would have no limit.

What The Previous Law Said In California

California is one of the only states with such a low cap as the $250000 limit encompassing economic and non-economic damages. This law went into place in 1975 and had not been altered since even to account for inflation.

The Benefits Of The New Bill

The bill is designed to save health care costs through two channels:

  • Supporters say it will directly reduce overhead for doctors by cutting down their malpractice insurance premiums.
  • Indirectly, they argue it will persuade doctors not to practice defensive medicine, reducing waste from unnecessary tests and procedures. What you’ll probably see if you adopt non-economic damage caps is modest to a small reduction in health care costs,” said Seth Seabury, a health economist at the USC Schaeffer Center for Health Policy and Economics.

The Expected Impact Of The Bill

Health Affairs published a study in 2010 saying that medical malpractice claims only cost the healthcare system three percent of total costs. However, it is thought the new law could help save the system up to 50 billion dollars over the next ten years.

Allison K. Hoffman, a professor at the UCLA School of Law says that the law unfairly impacts those who were a victim of medical malpractice. She said it doesn’t do much to alter costs to the healthcare system but “to the extent it does, it does so by taking dollars out of pockets of people who have been injured.”

Call A California Wrongful Death And Medical Malpractice Lawyer Today

The loss of a loved one leads to emotional distress but also results in facing many hardships and financial struggles. It is a very difficult experience and decision for anybody and there are so many hurdles and rules that you need to be aware of during the process, especially when children and family are involved. If the trials and tribulations of this are something you are struggling with then medical malpractice and wrongful death attorney in California is here to help get you your rights. Medical malpractice and wrongful death lawyer in California will help by understanding your needs and the emotional turmoil you are facing making sure you get the best outcome for yourself. An experienced California Medical malpractice and wrongful death attorney will help you by having all the up-to-date details of the law at their fingertips and be able to assess your case and give you all the options that you have available to you. In the unfortunate and devastating event that you have lost a loved one due to the fault of another, you can face emotional and financial hardship. When this happens a California wrongful death lawyer is here to help. Call 818-783-5757 for assistance from a California wrongful death lawyer.