If you are somebody you care about are injured due to the careless or negligent actions of a medical provider, you deserve to be fairly compensated. However, the state of California has placed caps on certain types of damages that a person can recover in the aftermath of a medical mistake. Today, the California medical malpractice attorneys at Licata & Yeremenko, A Professional Law Corporation want to discuss the possibility of these caps being abolished within the next year. We are dedicated to helping victims of medical malpractice recover the compensation they deserve.
Are There Caps On Medical Malpractice Damages In California?
Most people understand that victims of medical mistakes are able to recover compensation for what has happened to them. They do this by filing medical malpractice lawsuits against a negligent health care provider and/or the facilities and institutions that employ the negligent provider.
While there is no cap on how much compensation a person can recover for “economic” damages such as medical expenses in lost income, there is a cap on how much a person can receive “non-economic” damages such as pain and suffering.
While there are no limits to how much pain and suffering a person may endure after experiencing a medical mistake, the law says there is a limit on how much a victim can recover. This amount is set at a paltry $250,000.
This cap has been in place since 1975 when the Medical Injury Compensation Reform Act (“MICRA”) took effect. At the time, capping damages on things like pain and suffering was seen as a way for insurers to be better able to forecast and manage risk in the medical malpractice insurance market.
Now, medical negligence survivors and advocates are working on a proposed ballot measure called the Fairness for Injured Patients Act (FIPA). This measure would adjust the compensation cap imposed in 1975. California has one of the lowest medical malpractice compensation caps in the country. Thirty-three states have either no caps at all or exemptions for death in catastrophic injury.
In order for this measure to appear on the ballot next November, organizers who launched the petition must gain 623,212 valid voter signatures by the beginning of May.
We Are Ready To Help You Get Through This
If you or somebody you love has been injured due to a medical mistake, you need to seek legal assistance as soon as possible. At Licata & Yeremenko, A Professional Law Corporation, our skilled and experienced California legal malpractice attorney is ready to get to work investigating the medical mistake that caused you harm. Our goal is to secure the compensation you are entitled to, which can include:
- Compensation for all medical expenses related to the error
- Coverage of lost income if you cannot work while you recover
- Loss of enjoyment of life damages
- Pain and suffering damages
- Punitive damages against the healthcare provider/agency responsible