Are There Limits on What Damages Can Be Recovered
Yes. In 1975, the California legislature reacted to a threat by physicians who were complaining that their medical malpractice insurance was too high and that they would leave the state if medical malpractice damages were not limited. Non-economic damages were limited to a maximum of $250,000, regardless of how much pain and suffering was caused by the medical malpractice. If a person became totally paralyzed, he or she could be awarded only $250,000 for harm which could not be translated into dollars for lost earnings or the cost of medical care. If a husband and father died because of medical malpractice, only $250,000 could be awarded for the loss of his care, comfort and love. Even though more than 20 years have passed and the value of a dollar is much less, the limitation on these damages has never been raised. There are no limits, however, to damages that can be awarded for tangible financial losses, such as lost earnings and the cost of medical care.
Are There Limits on What Damages Can Be Recovered
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