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Medical malpractice caps deny victims justice

If you’ve been injured as the result of the negligence of others, it may be possible to recover damages. Types of damages include lost wages, medical expenses, and non-economic damages such as pain and suffering and emotional distress.

Unfortunately however, where the negligence is of a medical nature, i.e. is due to medical malpractice, the amount you may recover for non-economic damages is limited. This amount is capped at $250,000 and has languished at this low amount for nearly 30 years. Because of the cap, those who have little economic damages and rely on non-economic damages to be made whole from a negligent act, are often denied justice. This includes children, the elderly, and stay-at-home parents.

Advocates and legislators have been seeking to raise or eliminate the cap for years, with the latest ballot initiative previously slated to be voted on in November 2020. However with the advent of the Covid pandemic, the measure has now been postponed until 2022.

Eliminating the cap is crucial to ensuring victims of catastrophic negligence obtain justice for their injuries. For more information or if you have suffered any type of injury due to potential medical malpractice, please contact the dedicated California medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.



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