California Medical Malpractice Cap May Increase

The California legislature is proposing to raise the cap on medical malpractice pain and suffering awards. Currently, the cap is at $250,000 – an amount set back in 1975. In the new proposal – named Proposition 46 – the cap would be raised to $1.1 million, a figure in keeping with inflation.

Medical malpractice is costly. In 2013, a total of $3.6 billion was paid out due to medical malpractice lawsuits. California was in the top five states for most payouts with a total of $222,926,200.

When a suit has been brought against a healthcare provider, the damages requested are not solely for the past and present costs of the physical injury. They can also include:

  • Past, present, and future lost wages
  • Past, present, and future inability to earn a living
  • Pain and suffering
  • Loss of consortium for a spouse
  • Loss of support for a child
  • Future medical bills

If the increased cap passes, victims of a healthcare provider’s negligence will be able to recover more for their injuries. California medical malpractice payouts could increase as a result.

The care does not have to be provided by a doctor for a malpractice suit to be brought. Medical malpractice covers actions by a physician, nurse practitioner, pharmacist, hospital, or other healthcare professional. For a suit to be valid, the professional must have failed to care for the patient in accordance with the applicable standard of care.

A healthcare provider’s negligence often leads to other injuries, a worsening of the condition that was being treated and also lead to death. When this occurs, it is important to consult an attorney experienced with medical malpractice cases. You, or your loved ones, may be entitled to compensation.

At Carpenter, Zuckerman, & Rowley, LLP we have a team of professional personal injury attorneys who are able to aggressively litigate medical malpractice claims. We have decades of combined experience advocating for our clients when a healthcare provider has been negligent in treating them.

Our attorneys, work diligently in negotiating settlements that are more than adequate to help our clients in their time of need. For a free consultation, we welcome your call to our Los Angeles office at 213-514-8332.