California Plaintiffs' Bar Sets Sights on Lifting Medical Malpractice Cap

The Consumer Attorneys of California have pledged to rally behind an initiative that seeks to lift the cap on medical malpractice awards within the state.

The group represents 3,100 plaintiffs' attorneys, and one of its main objectives is to reform the state Medical Injury Compensation Reform Act with regard to its $250,000 limit on noneconomic losses in medical malpractice cases, according to a Law360 report

"Many lawyers are not able to handle meritorious cases after medical malpractice has caused serious injuries or the death of a patient if the damages suffered are principally noneconomic losses," said John Feder, president of the Consumer Attorneys of California.

The Consumer Attorneys of California and other consumer groups are sponsoring an initiative for the November ballot that would require the cap to be adjusted on Jan. 1, 2015, to reflect any increase in inflation as measured by the Consumer Price Index since the cap was set in 1975. The cap would then be adjusted for inflation annually.  

Along with lifting the medical malpractice liability cap, the initiative would subject physicians to random drug and alcohol testing and require them to check a statewide database before prescribing certain narcotics to curb drug abuse.

More Articles On Medical Malpractice:

Missouri Passes $350k Cap on Malpractice Awards 
Medical Malpractice in America: 15 Latest Statistics
Lawsuits Allege 500 Patients Received Unnecessary Heart Procedures 

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