As many people know, medical malpractice is a type of personal injury claim that involves injuries suffered due to the negligence or wrongdoing of a health care provider. These claims are complicated and require a legal team that is knowledgeable in the nuances of the law. It is important to understand that even with the best of care, accidents happen and sometimes health care providers fail to meet the proper standard of care and as a result patients can suffer harm or even death. This is why it is essential to have an attorney on your side who understands medical malpractice and how to best handle your case.
Several states have laws that set caps on damages for medical malpractice cases, which are intended to limit the amount of money awarded to victims. This has been an ongoing debate for decades, with both sides arguing that the cap is necessary to ensure that physicians and hospitals are able to continue providing health care services to their communities. However, many believe that this cap also unfairly prevents victims from receiving the compensation they deserve for their pain and suffering.
Recently, a California lawmaker has proposed a new bill that would increase the maximum amount of monetary compensation available for a victim’s non-economic damages in a malpractice case. This proposal comes after the state’s legislature and medical organizations reached a compromise to avert a ballot initiative that would have increased damages in a controversial way.
This proposal will make significant changes to several components of the Medical Injury Compensation Reform Act, or MICRA. In addition to adjusting the maximum amount of damages that can be awarded, it will establish protections for pre-litigation expressions of sympathy or benevolence from physicians or other health professionals that may later be used as evidence in court. It will also limit the admissibility of statements of fault that a doctor makes to an injured patient.
The bill also creates a system for periodic payment of future economic damages and adjusts attorney contingency fees. Finally, it requires an attorney to submit a certificate of merit from a qualified health care professional to the court before filing a medical malpractice lawsuit.
It is important to note that, unlike other types of California Medical Practice Negligence Compensation, the statute of limitations for a medical negligence claim in California is much shorter. An injured adult party has just one year to file a malpractice claim, and claims brought on behalf of minors must be filed within three years of the date of the injury or wrongful death.
Although some attorneys are reluctant to take on medical malpractice cases because of the fee restrictions, Ramey Law, P.C., is prepared to fight for our clients and their right to receive full and fair compensation for their injuries. If you have been injured or if a loved one has died because of the negligent actions of a health care provider, contact us today to discuss your claim with an experienced legal team.