$8.4 Million Dollars Worth Of Doctor’s Negligence Could Be Shielded By Medical Malpractice Cap Of $250,000


Medical malpractice caps are an abomination. They literally stomp on the Constitution’s fair trial and jury of your peers. Sure, the protections for non-liberty seizing civil cases is different than the stronger protections in criminal cases were liberty interests are at stake. But in this California case, a young boy’s liberty is at stake—he is paralyzed.

And he is paralyzed because a physician and the practice group failed to report evidence of child abuse leading to the injuries that paralyzed this young boy. This is despite the fact that these doctors were mandated reporters. After hearing all of the testimony, a jury awarded an $8.4 million with $3.9 million going directly to the boy for just his injuries—for his immense pain and suffering.

However, California has a cap on what health care defendants can be required to pay to compensate plaintiffs for pain and suffering. This cap is $250,000.

This is ridiculous! How can a jury verdict find $8.4 million to be fair and just to a paralyzed young boy, but the Legislature decide that a blanket, cookie-cutter prohibition of $250,000 is just enough.

This is why medical malpractice caps are horrible. Victims who are suffering real harm do not have even the CHANCE to get what they equitably deserve. While the negligent defendants—and in this case with CHILD ABUSE—get to walk away from it. There were five defendants in the practice, which means what—they each are required to pay only $50,000 each? They can completely get away with their negligence for very little.