In addition to the $250,000 limit for pain and suffering, Plaintiffs in medical malpractice actions are entitled to recover their "economic losses." "Economic losses" include past and future medical care needs, nursing needs and attendant care, special equipment, and past and future loss of earnings.
We often read and hear about multi-million dollar verdicts in medical malpractice actions in California.
What we DON'T READ OR HEAR is that by the request of a party to a medical malpractice lawsuit, a verdict for future damages over $50,000 is NOT PAID IN ONE-LUMP SUM, BUT RATHER PAID IN PERIODIC PAYMENTS IN A TIME FRAME THAT THE JUDGE DECIDES.
What we also DON'T READ OR HEAR IS THAT THESE PERIODIC PAYMENTS OF FUTURE DAMAGES STOP UPON THE DEATH OF THE LOVED ONE.
| California Code of Civil Procedure section 667.7 provides: | |||
| (a) |
In any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds fifty thousand dollars ($50,000) in future damages. In entering a judgment ordering the payment of future damages by periodic payments, the court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require the judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor. |
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| (b) | (1) | The judgment ordering the payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Such payments shall only be subject to modification in the event of the death of the judgment creditor. (2) In the event that the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the payments, as specified in paragraph (1), the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including court costs and attorney's fees. | |
| (c) | However, money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately prior to his death. In such cases the court which rendered the original judgment, may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subdivision. | ||
| Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments shall cease and any security given, pursuant to subdivision (a) shall revert to the judgment debtor. | |||
| (e) | As used in this section: | ||
| (1) | "Future damages" includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor. | ||
| (2) |
"Periodic payments" means the payment of money or delivery of other property to the judgment creditor at regular intervals. |
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| (3) |
"Health care provider" means any person licensed or certified pursuant to Division 2 commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. "Health care provider" includes the legal representatives of a health care provider. |
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| (4) |
"Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. |
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Periodic payments of judgments over $50,000 in medical malpractice cases in California was passed by the California Legislature in 1975 to protect hospitals, medical clinics, nurses, doctors and other medical care providers.
If you are suffering from harm as a result of mistakes made by a doctor, nurse, medical clinic, hospital or other medical care provider, IT IS IMPORTANT THAT YOU CONTACT AN ATTORNEY so that you can be advised of your rights and responsibilities before filing a lawsuit.
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 |