What Is Medical Malpractice?

We entrust doctors with our health and the lives of our loved ones because we believe their medical expertise is the most reliable path to healing and recovery. When the negligence of doctors, nurses, or hospitals results in injury, illness, or—even worse—the loss of a loved one, it can feel like a deep betrayal.

A medical malpractice case arises when a patient is injured, disabled, becomes ill, or dies as a result of a doctor’s negligence or reckless actions. The victim or their family can file a legal claim or lawsuit against the medical professional. In all cases, medical professionals are required to meet a certain standard of care, and when they fail to meet that standard and harm results, the patient has the right to seek compensation.

Common examples of medical malpractice include:

  • Birth injuries
  • Delayed diagnosis
  • Ignoring patient medical history
  • Failure to order potentially life-saving tests
  • Failure to obtain informed consent by explaining all risks of a procedure
  • Failure to recommend proper medical care
  • Misdiagnosis or failure to diagnose
  • Misreading or ignoring lab results
  • Nursing negligence
  • Poor follow-up or post-operative care
  • Premature discharge
  • Prescribing the wrong medication or incorrect dosage
  • Surgical error on the wrong site
  • Unnecessary surgery

If you are a victim of medical malpractice, it is critical to seek a medical malpractice attorney with years of experience to protect your rights. The Law Office of Daniel Deng has extensive experience handling medical malpractice cases throughout California. To learn more, contact us for a free case evaluation and speak with our legal team about your claim.

What Types of Damages Can Be Recovered in a Medical Malpractice Case?

Although California personal injury law typically favors victims, it does not always apply in the same way to medical malpractice victims. There are strict limits on the amount of compensation that can be awarded for pain and suffering in medical malpractice cases.

That said, these limits do not prevent you from winning your case and recovering compensation for your losses. Damages may include both economic and non-economic compensation. Recoverable damages may include lost wages, loss of future income, medical bills, physical therapy expenses, mental anguish, loss of companionship, and wrongful death.

It’s important to note that damage caps apply only to non-economic losses. Economic losses such as medical bills and lost income are reimbursed in full if the claim is successful. Only non-economic damages such as pain and suffering, emotional distress, and wrongful death are subject to California’s limits.

To fully understand the cap on medical malpractice damages, contact the Law Office of Daniel Deng at 626-280-6000 for a case evaluation.

What Is the Cap on Medical Malpractice Claims in California?

The Medical Injury Compensation Reform Act (MICRA) was enacted in 1975. Under this law, the cap for non-economic damages in medical malpractice cases was $250,000. Over the years, California made several attempts to raise this cap to reflect inflation and societal changes, but it remained one of the lowest in the nation.

That changed on May 23, 2022, when Governor Newsom signed Assembly Bill 35 into law. The updated law took effect on January 1, 2023—nearly 50 years after the original law was passed.

The new law modernizes the damage cap. Under it, the cap on non-economic damages in medical malpractice cases starts at $350,000 and increases by $40,000 per year until it reaches $750,000 in 2034. Beginning in 2034, the cap will be adjusted by 2% annually to account for inflation.

The law distinguishes between personal injury claims and wrongful death claims. The cap for wrongful death claims has increased from $250,000 to $500,000. This amount increases by $50,000 annually until it reaches $1 million in 2034. After 2034, it will also be adjusted annually by 2% for inflation.

Additionally, the cap applies separately to different categories of medical professionals. These categories are: (1) healthcare providers, (2) healthcare institutions such as hospitals, and (3) unaffiliated healthcare providers or entities. If your claim involves all three categories, you could potentially recover up to three times the cap since each applies independently.

These changes to California’s medical malpractice caps are good news for victims. However, many advocates believe more still needs to be done to protect patient rights.

Contact the Law Office of Daniel Deng for a Free Case Evaluation

Medical malpractice is one of the most tragic yet preventable types of harm. If you or a loved one has been impacted by medical negligence, you should consult a medical malpractice attorney as soon as possible to fight for your rights and seek compensation. The Law Office of Daniel Deng, based in Rosemead, California, focuses on personal injury and medical malpractice, and has represented countless victims and their families. Call 626-280-6000 to schedule your free in-depth case evaluation with our legal team.