Comments on: what is the award limits for medical malpractice in california? http://aamalpractice.com/what-is-the-award-limits-for-medical-malpractice-in-california/ Ethical and Free Malpractice Advice Tue, 28 Apr 2009 00:00:42 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: John S http://aamalpractice.com/what-is-the-award-limits-for-medical-malpractice-in-california/comment-page-1/#comment-376 John S Mon, 06 Apr 2009 20:40:30 +0000 http://aamalpractice.com/2009/04/02/what-is-the-award-limits-for-medical-malpractice-in-california/#comment-376 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). 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).

]]> By: melissa s http://aamalpractice.com/what-is-the-award-limits-for-medical-malpractice-in-california/comment-page-1/#comment-375 melissa s Sun, 05 Apr 2009 14:30:07 +0000 http://aamalpractice.com/2009/04/02/what-is-the-award-limits-for-medical-malpractice-in-california/#comment-375 it depends on a lot of factors, one being how much malpractice insurance the doctor has it depends on a lot of factors, one being how much malpractice insurance the doctor has

]]>