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The Medical Injury Compensation Reform Act (MICRA) was presented to California voters under the guise of controlling the costs of medical care. It proposed controlling the costs by limiting the amount of recovery an injured patient could receive when the medical provider causes injury or death to its patients.
Generally speaking a person injured as a result of another person’s actions can bring a personal injury case against the responsible party in court and can recover compensation for a number of things including:
One of the most significant differences between general personal injury claims and medical malpractice claims under MICRA is the jury’s ability to award money for pain and suffering.
In general personal injury cases, the jury can award the injured party any amount of money for “pain and suffering” they believe is appropriate based on the injury the person suffered. An injury caused by a medical provider is different in that compensation for “pain and suffering” is limited to $250,000 regardless of the situation or injury suffered. That means that a medical provider will not be required to pay any amount above the $250,000 for pain and suffering. A jury can award additional money for all economic damages, such as lost wages, or future medical expenses.
While many people initially think $250,000 is a large sum of money, you may want to consider the types of injuries often involved in a medical malpractice case, and ask yourself if you would be willing to endure those injuries for $250,000. Medical malpractice cases often involve situations where:
Does $250,000 adequately compensate a baby who will be disabled for his or her entire life because of a medical error? Does $250,000 adequately compensate a family member for the needless death of a loved one? Does $250,000 adequately compensate a patient for paralysis caused by a failure to monitor the patient during recovery from an elective surgery?
At the Tiemann Law Firm we understand the law and how to hold medical providers accountable when errors are made. There is no cost until we win, so call us today to discuss your case!
Contact an experienced Sacramento CA Medical Malpractice Attorney to get your FREE case consultation.
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