Earlier this month, the California Supreme Court announced that it has decided not to hear a case that is seeking to overturn the state's cap on noneconomic damages for medical malpractice lawsuits.
In 2007, a California jury had awarded James Van Buren $2.5 million in noneconomic damages for injuries he sustained during a perianal cyst operation. The surgeon accidentally severed a muscle and, as a result, Van Buren now suffers from permanent fecal incontinence and must use diapers for the duration of his life. Van Buren's California medical malpractice team had argued that not only had his quality of life been compromised, but also he has had to deal with emotional trauma and embarrassment as a result of the injury he sustained from the botched surgery.
Because of California's Medical Injury Compensation Reform Act, Van Buren's noneconomic damages award was lowered by 90%. Currently, there is a $250,000 cap for pain and suffering. Van Buren appealed this outcome.
The 5th District Court of Appeal upheld the cap's constitutionality. While those who support the California medical malpractice cap says the limit helps clinicians stay in business, critics believe that the cap violates the rights of victims.
California Medical Malpractice
Our Orange County, California medical malpractice lawyers are aware of the physical and emotional trauma that can result from becoming the victim of a botched surgery, a wrong diagnosis, a delayed diagnosis, or some other form of medical carelessness or negligence. Many medical mistakes can lead to catastrophic consequences for the victim.
You are entitled to the financial recovery that you are owed so you can live the best quality of life possible under the circumstances. Surgical errors can lead to infections, medical complications, permanent injury, emotional trauma, chronic pain, pain medication abuse, and death.
Although it is impossible to quantify your suffering, with the help of an experienced Orange County, California medical malpractice law firm, you can hold all negligent parties liable and obtain the resources that you require to recover.
California Supreme Court denies malpractice cap appeal, Clinical Advisor, August 18, 2009
California Medical Malpractice Damages Cap Challenge Refused, About Lawsuits, August 17, 2009
Related Web Resources:
">">Medical Malpractice and Surgical errors/complications, Wrong Diagnosis
California's Medical Injury Compensation Reform Act (MICRA), San Diego County Medical Society
Contact our Anaheim injury law firm today.
