Victims of medical malpractice suffer devastating injuries that have a major impact on their quality of life. It can result in paralysis, loss of mobility, deformity, brain damage, and even death. Unfortunately, these victims are not able to win the fair compensation they deserve, because of the caps placed on medical malpractice settlements. Combined with the high cost of litigation, this has also resulted in a shortage of medical malpractice attorneys. The limitations on medical malpractice settlements have made it economically infeasible for many attorneys to take on medical malpractice cases.
Many states place a $250,000 cap on the damages that medical malpractice victims can receive in a settlement. In many cases victims suffer irreparable emotional, mental, and physical trauma, which requires long-term care and medical expenses. Their cost of care far exceeds that of the compensation limit. The goal of California Proposition 46 was to increase the cap of medical malpractice compensation to over $1 million. It would have set a precedent for medical malpractice cases across the United States. However, it was defeated in the voting booth in November of 2014.
The cap on damages not only affects victims, but also the financial flexibility of medical malpractice attorneys.
Numerous attorneys are unable to take on this case type due to the high costs of litigation. Many firms lose money in a medical malpractice case, because the settlement does not cover their expenses or the investment of the firm’s resources. In California, it is estimated that 75% of medical malpractice victims are unable to find an attorney to take their case.
The medical malpractice attorneys of Prochaska, Howell & Prochaska LLC are dedicated to helping victims win the fair compensation they deserve. With experience, talent, and determination, our medical malpractice attorneys are prepared to fight for your recovery. Please call our office for a consultation so we can review your case. We would be honored to serve you.
