California Medical Negligence – MICRA Impedes Victim’s Justice
This week’s California Capitol Weekly published a compelling op-ed written by a physician – David Stewart - weighing in on the MICRA discussion. His editorial was in response to Dec. 16th article, “MICRA: Long-simmering dispute looming in Capitol.”
Stewart’s piece begins “My interest in MICRA, California’s law that limits pain and suffering compensation to $250,000 in medical malpractice cases, is twofold: I am both a physician and the son of a victim of profound medical negligence. I have firsthand experience with the implications and practical effect of MICRA.”
As a San Francisco medical malpractice lawyer I agree with many of the points Stewart raises in this editorial and have witnessed the unfortunate “real impact” of MICRA on the victims of malpractice. He details the agony of seeing a loved one harmed as the result of medical negligence – in this case his mother died after developing a post-operative complication. In his family’s search to find out what happened, they discovered health care professionals had deleted the relevant medical records. After ultimately decided to bring a lawsuit, his family then had difficulty finding an attorney to take the case.
The combination of the cost of bringing a lawsuit – around $100,000 – the mother’s age, 72 and retired, and the fact that MICRA limits recovery – makes it economically unfeasible for many firms to bring a lawsuit. For those without “economic damages” – typically children, the elderly and the unemployed - MICRA practically denies them access to justice.
Stewart states that the discussion surrounding MICRA “is a discussion about accountability and justice, which the public deserves.”
I agree. At Bostwick & Peterson, LLP we support reforming or eliminating the caps established by MICRA. In medical malpractice actions – as is the case in other kinds of personal injury – victims should be fully compensated for their damages. The long established cap of $250,000 often denies recovery to the victims of malpractice who need it most.
For more information, contact the lawyers at Bostwick & Peterson, LLP, dedicated to protecting those harmed through medical negligence.
