“Tort Reform” Law Helps Insurance Companies and Hospital; Hurts Patients in California
Medical providers, which cause the third-most deaths in the United States (behind only heart disease and cancer), and the insurance companies hard work have struck yet another blow to patients. A California jury awarded $1.75 million to the family of a 44 year-old woman who died as a result of medical malpractice at UCLA. The jury determined that the woman’s doctors did not adhere to the medical standard of care. As a result, the doctors’ negligence led to the woman’s death. The judge, however, will reduce the total amount awarded to $250,000, which is the most allowed in malpractice cases under California law. According to the plaintiffs’ attorney, the jurors were not allowed to hear about this cap during the trial, but they were “shocked and outraged” when learning about it after the verdict.
The medical and insurance industries inflicted this pain on patients in 1975 when they successfully lobbied California legislators to impose a $250,000 cap on the amount victims of medical malpractice can collect. This has allowed hospitals and insurers in California to spend the last 40 years getting rich, with no accountability, at the expense of patients. Since then, similar laws have been enacted across the country. With this verdict, another victim has felt the negative effects of the industries’ efforts.
There is no question that this practice of “tort reform” is unfair and harms victims. It also potentially violates a person’s Constitutional right to a jury trial. If you think it is wrong to allow medical providers and insurers get rich by limiting their accountability when they hurt patients, please reach out to your legislators, Congresspersons and Senators to demand change. If you need help determining who your representatives are in Congress and the State Legislature, please don’t hesitate to contact Plattner Verderame, PC. We’re honest attorneys who spend our days helping honest clients.
Related Articles
Nick is a member of the State Bar of Arizona, the Arizona Association for Justice (formerly the Arizona Trial Lawyers Association) and the American Association for Justice (AAJ). He currently serves on the AAJ’s Political Action Task Force and its Oversight Committee, and on the Board of Governors for Revitalization in Arizona.
Read more about Nick Verderame