A new effort to impose federally mandating caps on damages in medical malpractice cases is underway. The House Judiciary Committee has just approved a new bill entitled the Protecting Access to Care Act. This Act seeks to limit the recovery of non-economic damages (pain and suffering) in medical malpractice lawsuits to $250,000. As Californians affected by the Medical Injury Compensation Reform Act (MICRA), we understand the challenges such arbitrary limits have on those affected by medical negligence, particularly children. For example, where a child suffers an injury at birth, and may face a lifetime of pain and suffering, a jury should be able to decide how much that suffering is worth. Additionally, because medical malpractice occurs before that individual is of employment age and able to demonstrate economic damages, often pain and suffering makes up a large percentage of the recovery. Limiting that value, may mean in many cases, that otherwise deserved cases are no longer economically viable.
As Los Angeles birth injury lawyers, we aggressively pursue access to justice to all victims of medical malpractice. For more information, please contact our dedicated Los Angeles medical malpractice law firm for an immediate, confidential consultation.
