what is the award limits for medical malpractice in california?
April 2, 2009 by
Filed under Law Ethics
The Answer asked:
If my family decided to pursue this claim, I have no idea what the limit or cap is or if there is one. We live in california, and I dont know where to look for that law to show my family.
Stop Panic Attacks Forever
If my family decided to pursue this claim, I have no idea what the limit or cap is or if there is one. We live in california, and I dont know where to look for that law to show my family.
Stop Panic Attacks Forever
it depends on a lot of factors, one being how much malpractice insurance the doctor has
There is no cap on recovery for economic loss (e.g., medical expenses, lost employment, etc.). There is a $250,000 cap on non-economic losses (e.g., pain and suffering). (Civil Code section 3333.2.)
The interesting thing is that juries are not told about this cap, and so can bring in a verdict for as much as they think the plaintiff should be awarded for non-economic damages. As a result of the cap, some jury awards have been reduced by millions of dollars. Whether you think this is a good thing or not probably depends upon whether you think that juries are monumentally stupid or not (and if you think they are, why do you support a jury system at all).