The U.S. House of Representatives has just passed a bill that could deny patients injured by medical malpractice their right to obtain full and just compensation. The legislation is part of efforts to reform healthcare and supplements the federal health care bill. The federal law is similar to California’s Medical Injury Compensation Reform Act (MICRA), and would cap non-economic damages at $250,000 and create strict statutes of limitations (one year after discovery of an injury).
The bill faced significant opposition both from House democrats who oppose the restrictions on victims’ access to justice and some conservative groups that see the legislation as infringing on state’s rights.
Unfortunately children that suffer birth injuries may be harmed by such legislation. Because children generally do not earn an income, their damages may be restricted to "non-economic damages", which are limited by the cap. Unfortunately, this likely would be far less than necessary to fairly compensate them for the potential life time of care needed as a result of medical negligence.
As California birth injury lawyers, we will continue to fight to achieve justice for children and the families of those who have suffered birth injuries due to negligence.