It’s stuff like MICRA (which was signed into law by Jerry Brown, btw) that make me of two minds when it comes to medical tort reform.
I have no problem with reducing the incentive for frivolous and excessive lawsuits as a means to ease malpractice insurance costs. But I also know there are genuine cases of gross malpractice - surgeons who amputate the wrong leg, etc. I’m not so sure these bad docs and hospitals ought to be able to hide behind some cap to limit their liability.
At any rate, RIP to this young girl, and prayers up for the family.
Concur. Limit the payout to the layers, but don’t cap the actual payout to those type of cases (IE: wrong let/etc.)
In this case, IMHO, there appears to be plenty of blame to go around (family doctor seen?)
Problem is, greedy plaintiff lawyers are shameless in their demands for “care, comfort and society” awards.
The MICRA caps are a good thing — and a similar cap is needed for all wrongful death actions.