Malpractice Law Update
Since 1975, the maximum recovery for non-economic damages for injuries or death has been $250,000, regardless of the number of negligent healthcare providers. For malpractice cases filed after Jan. 1, 2023, the recoverable damages available are significantly increasing. In wrongful death actions, the new limit for non-economic losses for the loss of love, comfort and companionship ranges from $500,000-$1,500,000 depending on the number of negligent doctors and hospitals. For individual injury cases liked botched surgery, failure to detect post op bleeding, failures to diagnose cancer and other treatable diseases, the new limit for non-economic damages ranges from $350,000 to $1,050,000. Economic damages for loss of earnings and medical expenses are not limited.
FAQs
Q: How long do I have to bring a medical malpractice claim?
A: It depends on the specific facts of your claim; however, in general, assuming the care was not rendered by government employees or at a city/county/medical district hospital, the injured patient needs to file a claim within 1 year of the time he/she realizes the injury and should suspect the injury was caused by something a health care provider did improperly. If a government entity/employee provided the improper care, you only have 6 months to file a Government Claim. Calculating the time limit can be difficult. Only an experienced malpractice lawyer should evaluate this issue.
Q: I've heard there are damage limits in malpractice cases. Does that mean I am entitled to the maximum award for my case?
A: No. The value of your damage claim depends on multiple factors and a jury or arbitrator determines the amount. If a jury awards more than the maximum limit, the Court will reduce the award to the limit.
Q: Does a poor outcome or death always mean there is a valid malpractice claim?
A: No. There are potential risks and complications of every medical procedure that can occur in the absence of malpractice. Only qualified medical experts can testify that injuries or death are caused by negligent care. Only experienced malpractice lawyers can help find the right expert witnesses to evaluate an support your claim.
Q: Do all malpractice claims go to trial or arbitration?
A: No. The majority of claims supported by qualified expert witnesses are resolved before trial/arbitration.
Q: Do I have to pay you up front to take my case?
A: No. I take malpractice cases on a contingency fee basis. I only get paid for for my services if I successfully resolve your case. For new cases anticipated to be filed after January 1, 2023 when the new damages limits take effect, attorney's fees are 25% of the net recovery if the case is resolved before filing in Court or demanding arbitration (Kaiser malpractice claims), and 33% of the net recovery once a Complaint is filed in Court or a Demand for Arbitration is made. "Net recovery" is the total recovery less litigation costs and expenses. See retainer agreement for details.