The rising cost of healthcare continues to make it a challenge for many Americans to get coverage for even the most basic medical care. Meantime, the debate continues over whether or not to lift the cap on medical malpractice awards. While doctors say that keeping a limit on the amount that can be awarded to plaintiffs and their families allows physicians to stay in business, many victims continue to cry foul claiming that with a malpractice caps that is too low--$250,000 in California--medical professions who make mistakes resulting in catastrophic consequences are not really held accountable. Also, is this amount enough to cover all medical costs incurred from a medical procedure gone awry that leaves a patient with a traumatic brain injury on life support ? Does this financial figure really "compensate" for a wrongful death?
The LA Times recently reported on a Los Angeles medical malpractice incident that occurred two years ago when 17-year-old Olivia Cull died after what should have been a routine, outpatient procedure at Mattel Children's Hospital UCLA. Autopsy results showed that she had suffered a heart attack at the end of the catheterization procedure that was in part caused by her congenital heart defect. She went into a coma and her parents had to take her off a ventilator several days later.
They later filed a Los Angeles medical malpractice lawsuit. Unfortunately, because of the caps it was awhile before they found a California injury lawyer willing to take the case. The hospital settled with the Culls for the maximum limit allowed under state caps.
While there is no way to place a value on the death of a loved one or one's own serious injuries from California medical malpractice, the responsible parties should be held liable. Granted, no amount of money can ever make up for a preventable death or the fact that someone must spend a lifetime with a traumatic brain injury, but isn't it important that the negligent medical professional or provider be held financially accountable for a sum that makes them go "ouch" too?
Parents assail malpractice caps after daughter's death at UCLA hospital, Los Angeles Times, January 22, 2011
Medical Malpractice Liability Caps: US Congress Holds Hearing, MEDKB, Jan 20, 2011
Related Web Resource:
Mattel Children's Hospital UCLA
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