Medical Malpractice Caps Could Disappear - Los Angeles Post-ExaminerLos Angeles Post-Examiner

Medical Malpractice Caps Could Disappear

One of California’s most infamous lawsuits is, according to the Mercury News, set to heat back up again. On October 2nd, reporters outlined how a new case was opening up the 1975 Jerry Brown ruling that certain medical malpractice elements could only be subject to a $250,000 payment. While the jury remains out on which way the case will go, it has thrown up questions for the California civil law system and what future claimants can expect in a state where 16.9 out of every million file malpractice suits.

Providing hope for families

A key factor of the case opening up the medical malpractice cap law concerns the injury of a child. This has been a subject of some contention for litigants. According to legal experts, JJS Justice, the lack of redress for families has led both to lack of emotional support, and in some cases, destitution, stemming from an inability to access care that children need. Los Angeles is no stranger to accepting blame in these situations, and the important 2015 case of Justin Malone may set precedent; $4.5m was paid out on this occasion. This aspect of the law, where disadvantaged people and children are unable to access care, could prove influential in proceedings.

Removing fundamental unfairness

According to research reported by Enjuris, any removal of caps will also have the effect of reigning in insurance companies. According to Enjuris, state advocates and insurance companies lobbied and popularized the idea of these artificial caps. Their analysis and research suggest that any removal of caps will be beneficial to citizens first, and business second.

Support from further afield

The entire battle to loosen medical malpractice law may not be fought from inside of California. According to an insurance industry blog, InsuranceJournal, a cross-party bill has been launched by representatives from Hawaii and Louisiana that is aimed at allowing veterans to take the military to court in order to receive greater compensation. Previous attempts at similar actions were struck down by the Supreme Court, most notably in the California case of Witt v U.S. California has the highest number of veterans in the nation; if malpractice caps are removed, another disadvantaged section of society will receive dearly needed support.

Medical malpractice is often a hugely damaging event for any family. Legal advocates are now arguing that not enough is done to support those families. Through the removal of artificial malpractice caps, respite may be afforded to families, veterans and other disadvantaged groups.


About the author

Cassandra Winter is a professional writer and editor. After a career in PR for an arts charity, she now focuses on writing about her favourite topics from public art to restoration and events. When not working she loves swimming, hiking and quiet nights in with her family. Contact the author.
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