06/05/2023
You will hear a lot of politicians speaking about Tort Reform and how the cost of medical malpractice lawsuits is driving up the cost of healthcare. Very few lawyers in the State of California will take medical malpractice lawsuits because of the cost of litigating them, and they limit the amount an attorney can recover in fees. Medical Malpractice lawsuits can take years before they ever get to trial. Depending on the case, expert fees and case costs can run into the hundreds of thousands. In one medical malpractice case, we recovered $60.6M for our client. The case costs were upward of $500,000.00. For an attorney to invest $500,000.00 of their own money is a huge risk. Had we lost, not only would I not get fees for my time, I would have lost the entire $500,000.00. Personal injury lawyers are not ambulance chasers or greedy people looking for a payday. Our job is to be the advocate and the voice for injured people who, if they did not have a lawyer, would get run over by insurance companies. In medical malpractice cases, unlike car accidents where people are injured, you will not see an insurance company offering to compensate you for the injuries done to you by negligent healthcare. Remember, doctors and nurses are only human; they are fallible.
Here is a bit of information about California Tort Reform. Trust me, it is restrictive enough that it is difficult to find a lawyer who will take a medical malpractice case. Don't let politicians convince you otherwise.
The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 (and signed into law by Governor Jerry Brown in September), which was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability1.
Tort reform in California primarily focused on capping victim compensation for noneconomic damages, also known as “pain and suffering” awards. Unlike economic damages, which include lost wages and medical costs, noneconomic damages are subjective and difficult to quantify2.
Recently, Governor Gavin Newsom signed AB 35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The legislation was supported by consumer groups, trial attorneys, healthcare providers, and insurers. The new law will increase the amount of money that patients can receive in medical malpractice cases34.