As California considers eliminating caps, it's important to understand the very real impact setting limits on recovery for pain and suffering has on those affected by medical malpractice.
Often, it is children who are left without adequate compensation to cover their injuries. For example, California news has recently reported on the story of a 2-year-old boy injured when he fell on a stick. Doctors erroneously diagnosed the boy with bacterial meningitis and sent him home.
Instead, the boy was suffering from an infection caused by the fall. The infection quickly spread from his hand to his brain. By the next day the boy's brain had hemorrhaged, causing him to be mostly unconscious. A series of tests including a CAT scan revealed that the boy had a brain abscess. Doctors then performed surgery but it was too late. The boy was left blind and suffered brain damage. He was unable to eat, see, walk or even talk.
Delays in diagnosis such as these are one of the leading causes of medical malpractice. Where the failure to diagnose and treat an illness in a timely fashion leads to a worse outcome, doctors, nurses or other health care professionals may be held responsible for a lifetime of medical care. If you believe that you or a loved one has been injured as the result of a delay in diagnosis or other medical error, it is important to consult with a knowledgeable California medical malpractice attorney right away.
Here, the jury found in favor of the family following a medical malpractice lawsuit. However, the award of $7.1 million was reduced to $250,000 as a result of caps, leaving the boy's family struggling to cover the health care costs associated with Stephen's care.
As stated by a family member: "The law was created back in 1975. The economy has changed, cost of living has changed … to me, everyone has gotten a raise but this law hasn't changed. We've let this go on way too long,"
For more information about the need to eliminate medical malpractice caps or If you or a loved one has suffered an injury as the result of medical malpractice contact a top California medical malpractice attorney at Bostwick & Peterson right away. We will fight to ensure you receive the compensation you deserve.