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Did You Know That . . .?
Did You Know That Medical Malpractice Awards Are Capped?
Posted by: David Ring
February 08, 2010
Did you know that in California if you are seriously injured by a hospital's or doctor's medical negligence, you are limited to a recovery of $250,000 in damages for your pain and suffering?
This cap on damages in medical malpractice cases has been in effect since 1975 -- that is, for 35 years! The amount has never increased - it has always been $250,000. So, if you lost a leg due to a doctor's unreasonable actions in 1975, the most you could recover in a lawsuit for your emotional damages relating to the loss of your leg was $250,000. If the same thing happened in 2010, you would still be limited to a recovery of $250,000.
Just for comparison, if you lost a leg in an automobile accident due to another driver's unreasonable conduct, a jury today would typically award the injured person millions of dollars for the loss of that leg. Yet, a hospital's or doctor's insurance company only has to pay $250,000 maximum for the exact same injury.
Medical negligence has resulted in injuries such as: death; blindness; major brain damage; serious, life-long injuries to babies caused during birth; loss of limbs; and other incredibly serious injuries. For every single one of these injuries, a person receives a maximum of $250,000 for pain and suffering damages.
The California law that set these limits is referred to as "MICRA." It came into effect during the mid-1970s due to an alleged insurance crisis for doctors. The law has been challenged many times in California, but continues to stick.
I bring this up now because the Illinois Supreme Court recently rejected as unconstitutional a similar state law capping damages for pain and suffering in medical malpractice cases. In fact, the Illinois Supreme Court also found similar laws unconstitutional in the mid-1970s and again in the mid-1990s.
In California, the damage cap in medical malpractice cases has not even been raised to reflect cost of living increases over the law's 35-year existence. If you bought a home in 1975 for $250,000, it's a safe bet that your home is now valued at over $1 million. Yet, if you are severely injured by a hospital's or doctor's unreasonable conduct, you receive the same amount now as you would have in 1975.
Did you know that?
