Medical malpractice claims are intended to help victims win fair compensation for their suffering. When a medical professional makes a mistake due to negligence, it can have a destructive effect on the lives of patients. Unfortunately, some victims aren’t able to receive the compensation they need for a recovery. Many states, including Kansas, place a $250,000 limit on the amount of non-economic damages a medical malpractice victim can obtain.
Non-economic damages are the unquantifiable losses that result from medical malpractice. These include pain and suffering, emotional distress, physical trauma, loss of happiness, disinterest in once enjoyable activities, and dramatic changes in the overall quality of life. Placing a limit on the compensation available for non-economic damages doesn’t help the recovery of a victim after a horrendous medical malpractice mistake. When a victim loses limbs, suffers deformity, loses mobility or becomes paralyzed because of a doctor’s error, placing a minimal limit on damages is an insult to that patient’s suffering.
Proposition 46 is a measure that intends to increase the limits of medical malpractice settlements. If it passes in California, it would set a precedent for other states with how medical malpractice claims are awarded. To help decrease instances of medical malpractice, Proposition 46 would also require random drug and alcohol testing for medical professionals to hold them more accountable.
Proposition 46 faces opposition from insurance companies and health care professionals. Unfortunately, they would rather save money and/or avoid responsibility than help victims of medical malpractice get the compensation they deserve. However, Proposition 46 may soon be decided by voters when the measure comes to the California ballot.
The medical malpractice attorneys of Wichita, KS at Prochaska, Howell & Prochaska LLC realize how important it is for victims to receive fair compensation.
Placing a limit on unimaginable pain and suffering is unfair and insulting to victims. They deserve the chance to reclaim their lives after a medical professional makes a tragic mistake. Our attorneys of Wichita, KS have a successful track record of medial malpractice litigation, and will do everything we can to win you maximum fair compensation for your suffering. Our Wichita, KS attorneys are ready to serve you and your case!