The Whitehouse has introduced Trumpcare which seeks to cap jury awards for non-economic damages in medical malpractice cases, with a likely $250,000, the limit set forth by California's Medical Insurance Compensation Reform Act (MICRA). This limit was determined in 1975 and has not been adjusted for inflation. If it had, it would be $1,000,000. The theory behind this limit is to reduce health care spending by limiting the practice of defensive medicine.
However, this limit is detrimental to those who suffer catastrophic injuries as the result of medical malpractice, with the burden greatest on those who suffered a birth injury. When a birth injury occurs, such as delays in delivery, with the failure to respond adequately, and a child suffers brain damage, the effect may last a lifetime, and the family may face monumental medical bills. However, because the child doesn't have economic losses, much of the recovery may come from noneconomic damages such as pain and suffering. Capping this amount at $250,000 is unjust.
As Los Angles Birth Injury lawyers, we are dedicated to fighting against caps and to protect access to justice for all those injury by medical errors. For more information, please contact the experienced Los Angeles medical malpractice lawyers at Bostwick Peterson LLP for an immediate consultation.