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Why did California put a cap on Medical Malpractice awards?
Why did California put a cap on Medical Malpractice awards? I am suing my doctor for a surgical error that left me disabled. I don’t understand why I can’t recover more in my lawsuit.
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Answers (1)
Cal. Civ. Code § 3333.2 capped non-economic damages, including damages for pain and suffering, disfigurement and inconvenience, at $250,000. This measure was primarily done as a cost cutting measure. When there are no caps on damage awards, doctors face high costs for malpractice insurance. This leads to a rise in healthcare costs. California believes that capping damages thus benefits the consumer by keeping costs lower. While your recovery may be limited, though, you still can recover. You should consult with a medical malpractice attorney who can give you more information about your rights.
Keep in mind, this cap only limits non-economic damages. There is not cap on medical expenses, lost income, future lost earning and future medical care costs. All of those damages usually add up to a substantial amount of money.
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Posted by Christy Rakoczy on 26 Mar 2010
1 person found this useful
(1 Votes)