On May 23, 2022, California Governor Gavin Newsom signed Assembly Bill 35. The new bill marks the first time in fifty years that lawmakers have increased the financial compensation victims of medical malpractice can seek for non-economic damages.
In the 1970s, California lawmakers had to address the current healthcare crisis. At the time, high malpractice insurance premiums forced many medical institutions across California to close their doors.
Lawmakers blamed the skyrocketing insurance rates on the large malpractice judgments victims had received. To address the issue, lawmakers passed the Medical Injury Compensation Reform Act of 1975 (MICRA), which capped the amount of pain and suffering compensation a victim could receive at $250,000.
If we considered annual inflation, $250,000 in 1975 would equal $1.3 million in 2022. But the problem with MICRA is that it doesn't account for inflation.
Today, $250,000 remains the cap for victims seeking non-economic damages.
So What Does Assembly Bill 35 Mean for the Future of California Malpractice Suits?
Starting January 1, 2023, AB 35 will increase the cap on noneconomic damages to $350,000. After that, the cap will increase to $750,000 over the next decade.
Furthermore, in a wrongful death lawsuit, starting January 1, 2023, the pain and suffering cap will increase to $500,000, gradually rising to $1 million over the next ten years.
After the first decade, lawmakers will adjust the cap by 2% annually to account for inflation.
Another flaw of MICRA is that no matter how many healthcare professionals the judgment found liable, the victim was still only eligible for one pain and suffering payment of up to $250,000.
Assembly Bill 35 addresses this blind spot. As of January 1, 2023, victims of medical malpractice cases involving multiple healthcare professionals will be eligible for up to three pain and suffering payments in lawsuits. Victims can potentially receive a maximum reward of up to 1.5 million in pain and suffering compensation.
Although Assembly Bill 35 will only apply to cases filed after January 1, 2023, Governor Newsom's signature is a landmark victory for victims of medical malpractice suits and their advocates.
We put a lot of trust in our doctors and health care professionals. As patients, we rely on these men and women’s advice, expertise, and care, and we have every right to expect only the highest standard of care. However, even the best healthcare workers make mistakes. Unfortunately, these mistakes can often cause you pain and suffering or a loved one’s wrongful death.
Medical malpractice happens when a medical professional or institution committed wrongdoing that led to the physical or emotional harm of a patient. When medical professionals deviate from the recognized “standard of care” in the treatment of a patient, medical malpractice occurs. The Journal of the American Medical Association (JAMA) says medical negligence, or malpractice, is the third leading cause of death in the U.S.
Healthcare professionals---whether that be a doctor, nurse, hospital staff, etc.----owe patients a duty of care to ensure their safety. When their mistakes cause your or another’s suffering, holding them accountable for their actions can protect future patients from coming in harm’s way.
WE DEFEND THE RIGHTS OF MEDICAL MALPRACTICE VICTIMS
If you are considering filing a medical malpractice claim, contacting an experienced attorney first is important. Trying to prove a doctor or hospital’s negligence is difficult, especially if you try to do it alone.
The medical malpractice lawyers at AVA Law Group can offer you the necessary advice for how best to approach your unique case. When you partner with one of our experienced attorneys, you instantly gain years of intensive legal training on your side and a team of legal professionals who will fight aggressively to protect your legal rights.
If you believe you or a loved one has been a victim of medical malpractice, you have legal rights that can hold those responsible accountable for their actions. To see if you may be eligible to file a claim for medical malpractice, contact the medical malpractice lawyers at AVA Law Group today.
If you or a loved one has experienced harm from medical malpractice, call AVA Law Group today for help.
Whether it’s a doctor who read abnormal test results incorrectly, a nurse who disregarded the doctor’s instructions entirely, or even a hospital that fails to make reasonable inquiries about an employee’s conduct, many entities that provide health care services can be sued for medical malpractice. Some people and establishments that frequently face medical malpractice claims include:
Health Care Facilities
DO YOU HAVE A MEDICAL MALPRACTICE CASE?
We thoroughly evaluate and investigate each case before deciding to represent a client. Not all cases of misdiagnoses or other medical mistakes are causes to file a medical malpractice claim. In order to prove you have a medical malpractice case, you must prove the following:
THAT A FORMAL DOCTOR-PATIENT RELATIONSHIP EXISTED,
THE DOCTOR COMMITTED NEGLIGENCE, AND
YOU WERE HARMED DIRECTLY AS A RESULT OF NEGLIGENCE.
WE DON’T BACK DOWN FROM TOUGH MEDICAL MALPRACTICE CASES
We aren’t intimidated by the medical system. We believe it’s important to speak up and advocate for your well-being, because your life is valuable. Even if your case is difficult, that doesn’t mean it doesn’t deserve defending. Our medical malpractice attorneys take on a wide range of case types, including but not limited to the following:
NURSING HOME NEGLIGENCE
EMERGENCY ROOM NEGLIGENCE
SURGICAL ERRORS, LIKE WRONG-SITE SURGERY
FAILURE TO DIAGNOSE, MISDIAGNOSIS, OR DELAYED DIAGNOSIS
CHILDBIRTH INJURIES, LIKE FETAL DISTRESS, HYPOXIA, AND CEREBRAL PALSY
MEDICATION ERRORS, LIKE DRUG OVERDOSES PRESCRIBING DANGEROUS DRUGS
FAILURE TO WARN PATIENT OF KNOWN RISKS – DUTY OF INFORMED CONSENT
CONNECT WITH US TODAY FOR HELP
If you believe you or a loved one may be a victim of medical malpractice, connect with AVA Law Group's experienced medical malpractice attorneys today. We understand what it takes to bring maximum compensation for our clients, and we do so in a timely manner. Our team knows state and federal laws, so we will craft a strategy unique to your case to make sure it stands against the medical community’s legal giants.
We understand compensation cannot turn back time or reverse the crimes committed against you or your loved one. However, filing an official complaint against a negligent health care practitioner can help hold them accountable for their actions and, hopefully, keep them from making the same mistake again.
By filing a medical malpractice lawsuit, we can help you pursue compensation for:
PAIN AND SUFFERING
LONG-TERM CARE/MEDICAL MONITORING
Let AVA Law Group’s medical malpractice attorneys protect your rights. Contact us today at 1.800.777.4141. We offer free, no-obligation case consultations, and always have live professionals standing by to answer your questions. We represent the people against the powerful, so reach out to us today to find out what AVA Law Group can do for you.
We make walking through the legal process easy
Problem Solving is our promise
We provide a team of attorney, paralegals, and case managers to clients at no upfront cost.
AVA Law Group eliminates the confusion of filing a claim by working on your claim and, if necessary, connecting you with one our many partner firms that fits your needs and will get you the best results.
We’re available 24/7 to provide you with the information you need about case qualification.
Contact Us Today for your free, in-depth case evaluation
We're on Your Side
We're available 24/7
no fees unless you win
Free in-depth no obligation case evaluation
3667 Voltaire Street, San Diego, CA 92106
2718 Montana Ave. Suite 220 Billings, MT 59101
445 S Figueroa St. Suite 3100 Los Angeles, CA 90071 (By Appointment Only)
ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, District of Columbia, Montana, and Nevada, but associates with attorneys throughout the country, Principal office: 3667 Voltaire Street, San Diego, California 92106. AVA Law Group has associated with de Ondarza Simmons PLLC whose office is located at 4030 Wake Forest Road, Suite 319, Raleigh, North Carolina for all Camp Lejeune Cases in North Carolina.
Consult a doctor on all medical decisions. Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. AVA Law Group, Inc. not accepting cases in states where this advertising conflicts with laws or state rules. Legal representation is not offered or available in Tennessee. While AVA Law Group, Inc. maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.