California Medical Negligence Law Is Unreasonable

If you are a victim of Medical Malpractice in Palm Springs or in any city of the Coachella Valley you may be surprised to learn that there is a limit, a cap, on the amount of money you can recover for the pain and suffering you experienced as a result of the medical malpractice. The maximum recovery for that element of your damages is $250,000.00. However you are not limited to a specific sum of money you can be awarded for the loss of income you suffer or will suffer in the future. Also you are entitled to payment for any medical expenses that you incur that were not paid by your private insurance company. What does this limit or cap on what is known as non-economic damages mean in the real world? Let us assume a doctor is on the way to the hospital to see a patient and is driving in a negligent manner causing an accident. In this scenario the accident victim can sue the doctor for an unlimited amount of money for any pain and suffering resulting for the accident. Of course the settlement or jury verdict is dependant upon the nature and extent of the physical and emotional injuries. Now here is the rub. If the doctor arrives at the hospital and provides negligent medical care to a patient, that patient is faced with the $250,000.00 limit on a pain and suffering recovery. Not fair or logical. We have this law in California because decades ago the insurance industry convinced the legislature to pass this Draconian law. Notwithstanding inflation, the $250,000.00 limit has not been raised due primarily to insurance industry lobbying. Call the Palm Springs medical malpractice attorney for a free consultation.

Categories: Medical Malpractice