A new proposed ballot initiative takes aim at medical malpractice damage caps. Called the Fairness for Injured Patients Act, the initiative seeks to increase caps from a low $250,000 to $1.2 million. Damage caps – which were enacted in 1975 – unfairly deprive those harmed by medical malpractice of a full and fair recovery.
California medical malpractice caps are on “non-economic damages” which include items such as pain and suffering, loss of enjoyment of life, and emotional harm. Where a person’s recovery is primarily made up from these general damages, caps may make it difficult - if not impossible - to obtain just compensation for one's injuries.
The ballot initiative has been introduced by the family of a 2-year-old boy who suffered a brain injury due in part to medical malpractice. The jury award of $7 million was reduced to $250,000 as a result of caps, thus leaving them with substantially less resource to cover the costs of providing a lifetime of care to their son injured by negligence. If passed, this initiative will raise the cap to help others facing similar obstacles to obtaining justice for their loved ones.
As Los Angeles medical malpractice lawyers, we support all efforts to abolish the current caps restricting access to justice. For more information or if you believe you or a loved one has been harmed by medical malpractice, please contact our dedicated medical malpractice legal team at Bostwick & Peterson, LLP for an immediate consultation.
