California Just Increased Damage Caps for Medical Malpractice: What it Means for You
Eliminating medical malpractice is something everyone can agree is important. It is important for California residents to trust their medical system, but that trust is often eroded by a growing number of botched surgeries, misdiagnoses, and issues during the childbirth process. Too many people have been harmed by negligent doctors, and this pattern shows no signs of slowing down. The good news is that the California government has now increased the damage caps for medical malpractice lawsuits. But what exactly does this mean, and how might it affect your situation?
What Were California’s Previous Laws?
A medical malpractice lawsuit is a type of personal injury lawsuit filed against medical professionals and organizations. In order to win your lawsuit, you must prove that the negligent party was guilty of gross misconduct. Simple medical mistakes usually do not meet the threshold, and you must show that the guilty party was doing something seriously wrong. This might include disregarding proper medical protocol, intentional harm, and things of that nature.
Previously, the non-economic damages for medical malpractice lawsuits were capped at just $250,000 in California. This meant that you would receive less for a medical malpractice lawsuit than a typical semi-truck accident lawsuit or a product liability lawsuit. Non-economic damages include things like emotional distress, pain and suffering, disfigurement, PTSD, and so on. Non-economic damages often make up the lion’s share of the entire settlement. That being said, your economic damages would always be covered under the previous law – including things like the cost of treating the damage caused by negligent doctors and missed wages due to your injuries.
How Have California’s Laws Changed?
California’s new laws have increased the damage cap for non-economic damages to $350,000. But that’s not all. Over the next ten years, this damage cap will gradually increase, eventually reaching a level of $750,000. For cases involving wrongful death, the damage cap has been increased to $500,000, with a gradual increase to $1 million over the next 10 years.
There is also a concern that this will incentivize attorneys to push plaintiffs toward medical malpractice lawsuits – but this has been accounted for. Attorney contingency fees have been limited to between 25% and 33% based on the specific situation.
Where Can I Find a Qualified Personal Injury Attorney in California?
If you have been searching for an experienced personal injury attorney in California, look no further than Knez Law Group, LLP. Over the years, we have assisted numerous injured plaintiffs in the Riverside area, and we know how important it is to strive for the best possible results after being harmed by a negligent doctor. California’s new damage caps mean that filing a medical malpractice lawsuit is well worth your time, and you can receive a fair settlement that truly reflects everything you have been forced to endure. Book your consultation today to get started with a solid action plan.
Sources
- https://www.jdsupra.com/legalnews/new-california-health-care-laws-take-3842829/
- https://www.gov.ca.gov/2022/05/23/governor-newsom-signs-legislation-to-modernize-californias-medical-malpractice-system/#:~:text=If%20the%20medical%20malpractice%20case,stakeholders%20to%20get%20this%20done.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.