In the large state of California, political authorities have introduced a bill to the legislature which will serve as a vehicle for legislative compromise on California's medical malpractice law. The measure is just one sentence, which asks to bring interested parties together to develop a solution to issues that surround medical malpractice injury compensation.
Currently, trial lawyers and consumer groups in California are petitioning to raise the cap on pain and suffering damages for medical malpractice in the state. Right now, the cap is set at $250,000. This only concerns pain and suffering damages, and not compensatory damages. If trial lawyers had their way, they would raise the cap on punitive damages to $1.1 million. The trial lawyers also want lawyers to be drug tested. In addition, trial lawyers have issued a suggested that doctors be required to check a statewide database when prescribing certain medications to clamp down on prescription drug abuse.
All of these efforts are meant to help level the playing field of medical malpractice and make it easier for those who are currently suing to get the financial assistance that they need. Initiative backers for the legislation must sign in their petitions and turn them in by March 24th. In November, the measure may be listed on the voter's ballot if it gets enough information.
According to one trial attorney, patient safety is a serious concern. In California, the current medical malpractice pain and suffering payment cap has been in place since 1975 when the legislators passed a law called the Medical Injury Compensation Reform Act.
The legislature says that if the cap goes up, so will health insurance premiums. Allegedly, this will hurt the availability of care for Californians. Therefore, legislators argue that the medical malpractice laws need to be left as they are. Still, some lawyers say that they need to fight back against the government and work towards higher payouts.
In Missouri, the state is currently also establishing caps for medical malpractice payouts in a bill that has already been given initial approval. If installed, the bill will impose a $350,000 cap on non-economic damages in medical malpractice cases. This cap was once imposed on the state, but was revoked back in 2012. The court ruled that a 2005 Missouri law imposing the financial limit violated the right to a jury trial that was in the Missouri Constitution.
Now, legislators are trying to get around that by declaring that medical malpractice claims are not covered through common law. Missouri previously had an inflation adjusted cap of $579,000 for noneconomic damages. This was lowered to $350,000 in 2005.
In the state of Wisconsin, medical malpractice is also a hot topic. However, in this state the legislation isn't concerned with a damage cap. Instead, they are looking at how boards penalize doctors who are found guilty of medical malpractice. According to concerned politicians, some of the doctors guilty of medical malpractice in Wisconsin were only given small fines and extensive training after their mistakes and allowed to then return to work.
Wisconsin medical malpractice attorneys argue that they under an unfair advantage because the attorney must prove that there is clear and convincing evidence that an attorney was negligent in a medical malpractice case. In civil cases, lawyers only need to prove that the defendant is liable based on the preponderance of evidence. Because individuals are held to a much higher standard in the medical malpractice field, it becomes harder to prove their fault.
If you have been dealing with a medical malpractice issue and need assistance, don't hesitate to contact a skilled and reliable attorney near you. This directory can help you to locate a trusted attorney that can help you with your case! Call today to learn more!