Newsom signs compromise law raising the limit on medical malpractice damages

[Auggie]

San Francisco Chronicle / May 23, 2022

California's $250,000 limit on damages for pain and suffering caused by medical malpractice, a ceiling enacted by lawmakers in 1975 at the insistence of doctors and insurers, will be lifted next year.

Gov. Gavin Newsom signed compromise legislation Monday, sponsored by consumer advocates and supported by medical groups, that will not remove all limits on malpractice damages but will raise them to account for some of the inflation in the past 47 years.

Under AB35 by Assembly Majority Leader Eloise Gómez Reyes, D-Colton (San Bernardino County), the new limits for noneconomic damages in 2023 will be $350,000 for nonfatal medical malpractice by a physician and $500,000 for malpractice causing death. The maximum will rise gradually over the next decade, to $750,000 for non-death cases and $1 million for fatal cases, and increase by 2% a year thereafter for inflation.

When a doctor and other medical institutions, such as hospitals, commit acts of malpractice on the same victim, the limits will rise to as much as $1.05 million next year and $2.25 million in 10 years in non-death cases, with higher caps for fatal cases.

LINK (paywall): https://www.sfchronicle.com/bayarea/article/Newsom-signs-compromise-law-raising-the-limit-on-17193118.php

Overdue, though you know cost of practitioner and hospital insurance will increase, and be passed on to us.

[Lovie777]

1. That still is extremely low for medical malpractice . ..

Many attorneys will not touch that now nor in the future. My brother had his prostrate surgically removed at an outpatient facility wherein the doctor I guess unknowingly snipped his bladder. He was sent home several hours after the surgery. Later that night he had so much pain his wife had to rush him to the ER. The snip caused Stepic shock, and he almost died. Was in the hospital for about a month.

$250,000 is the limit and no attorney wanted to pursue the matter.

[Auggie]

2. Excellent point ...

attorneys didn't cross my mind. But yeah, there's not much financial incentive for them.

Thanks for posting.