In 1975, the California State Legislature enacted the Medical Injury Compensation Reform Act ("MICRA") specifically to protect doctors, nurses, hospitals and others in the medical profession from medical malpractice lawsuits.
A key provision of MICRA is the limit of $250,000 on pain and suffering that is recoverable in a medical malpractice case. While this legislation has served insurance companies very well, it refuses justice to those permanently disabled and disfigured by the mistakes doctors and hospitals make. It is a devastating blow to families of loved ones who die as the result of medical negligence.
At The Hidalgo Law Firm, PC our attorneys recognize that the maximum pain and suffering recovery of $250,000 is insulting to persons who have suffered traumatic losses: brain damage, spinal cord injury, disfigurement, the loss of limbs, and the loss of the lives of loved ones.
Prior to 1998, trial courts often reduced this $250,000 limit even further through defense arguments about the purchase of insurance annuities. On December 7, 1998, we won the landmark case of Salgado v. County of Los Angeles, in which the Supreme Court of California corrected this wrong.
Adjusted for inflation, $250,000 in 1975 is the equivalent of $880,000 today. Victims of medical malpractice today are limited to a maximum of $250,000 in 1976 dollars. However, to obtain the 1976 value of a $250,000 judgment today, victims of medical malpractice pay the costs of preparing such a lawsuit in today's inflated dollars. We aim to correct the injustice of this $250,000 limit, and prepare our medical malpractice cases in this pursuit.
For a free consultation with an experienced Los Angeles trial and appellate lawyer who specializes in medical malpractice, contact The Hidalgo Law Firm, PC today.
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THE HIDALGO LAW FIRM, PC California Statutes of Limitations |