A recently proposed California ballot initiative seeks to increase the caps on medical malpractice damage awards. Caps – monetary limits on the damage awards – have been set at $250,000 since 1975. This limit on non-economic damages deprives victims of medical malpractice the opportunity for a meaningful recovery. For those without substantial economic damages, the costs of bringing expensive, expert-intensive lawsuits, bring a claim for medical malpractice may not be viable. Non-economic damages include items such as pain and suffering, mental anguish and emotional distress. Hence for example, if a child endures a surgical error which results in a catastrophic injury – such as the loss of a limb – their damages may be significantly curtailed.
The recent proposal – the Fairness for Injured Patients Act - would tie the cap to inflation – raising it to more than $1.2 million.
The proposal is in response to a California couple’s experience after their 2-year-old son became permanently disabled in part due to medical malpractice. A jury awarded them $7 million in damages following trial, which would have help pay for costs associated with the child's care for a lifetime. However, this award was reduced to $250,000 based as a result of caps.
The initiative will appear on the 2020 ballot.
As medical malpractice lawyers dedicated to obtaining justice for victims of medical malpractice, we support raising or eliminating caps on medical malpractice damage awards. For more information please contact the experienced California medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.