The reward cap of damages in medical malpractice lawsuits has been increased after a fair vote from the legislators in the California legislature, which has resolved one of the most distressing disputes in state politics.
Earlier the maximum money Californians could win from a medical malpractice lawsuit was $250,000, which has been now revised to $350,000 for injured people and $500,000 for the deceased's family.
The amount will keep on increasing until it gets to $750,000 for injured patients and $1 million for families of the deceased patients. The reward cap will keep on increasing by 2% every year to match the inflation. The bill got a vote of 60-0 in the state assembly. It united doctors and lawyers throughout the nation.
As per the last year's analysis by the National Conference of State Legislatures, 33 states of the U.S. limit the amount of money people can win in medical malpractice lawsuits, and California is one of them. The limit cannot be applied to damages that can be counted, like lost wages and medical expenses. But it applies to the damages that cannot be calculated, like suffering and pain.
The reward cap for medical malpractice lawsuits has been the hottest issue in California for decades. The trial lawyers and consumer advocates argued that the cap discouraged the patients from filing costly and complex lawsuits.
The bill has even guided some interesting changes to the process of medical malpractice lawsuits. It states that a written note from the doctor expressing sympathy or regret about the pain and suffering of patients cannot be used against them in trials.
