California’s Medical Malpractice Laws Under Heavy Scrutiny

by Staff Blogger | July 30th, 2012

July 30, 2012

California’s laws and regulations regarding the caps on damages awarded in medical malpractice lawsuits are being challenged by claims that the laws may be unconstitutional. According to The Sacramento Bee, current laws place unfair limits on the amount that can be given to a victim at $250,000, leaving the majority of damages to be received through economic and punitive damages, such as lost wages.

Many California medical malpractice lawsuits involve children or the elderly who are not wage earners, leaving them unable to collect more than the cap even in the event that a procedure done by a negligent doctor left them permanently disabled.

The case of an attorney who died as the result of respiratory failure caused by a California Drug Injury following a procedure has claimed that these laws do not allow victims and their families “…the full right to a jury trial and are in violation of equal protection laws since the caps only apply to medical malpractice claims but not other types of injury lawsuits.

Those in favor of the laws say that caps are the only way that many practices can afford to cover expenses related to liability coverage.

The California Personal Injury Lawyers with Berg Injury Lawyers understand the frustrations that can come from an injury caused by the negligence of another and are here to help you explore your legal options if you have been harmed by another person’s mistake.