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Medical Malpractice Caps Harm Injured Patients

Medical malpractice can take many forms. A physician may make an error that leads to a birth injury. Or perform wrong site surgery that leads to lifelong consequences. A doctor or other health care provider may accidentally prescribe the wrong drug or dosage. Each of these actions can lead to significant harm, requiring a lifetime of costly medical care and rehabilitation, and in the worst case, causing a wrongful death.

In fact according to a 2013 Journal of Patient Safety study, more than 400,000 patients died a "premature " hospital death as the result of a preventable medical error.

If you have questions about medical malpractice or believe that you or a loved one has been harmed as the result of a medical error, consulting with an experienced Los Angeles medical malpractice lawyer is important to advise you concerning your right to compensation and your next steps.

On Tuesday, voters will have the opportunity to help victims of medical malpractice obtain justice for their injuries. In 1975 – the Medical Injury Compensation Reform Act (MICRA) – imposed a $250,000 cap on the amount of pain and suffering damages victims of medical malpractice can recover. Such limit has never been adjusted for inflation. Thus, patients injured who do not have substantial economic losses – such as the children, the elderly, and stay at home parents – are often unable to obtain the justice they deserve to pay for a life time of suffering as the result of physician negligence. Prop 46 seeks to adjust the cap put in place some thirty years ago to be in line with inflation as well as institute drug and alcohol testing of doctors in California. As Los Angeles medical malpractice attorneys, we support passage of Prop 46 to help bring justice to victims of medical malpractice.

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