Ultimately, AB 35 represents an effort to balance the needs of both patients and healthcare providers, and its impact on medical malpractice lawsuits in California will continue to be felt for years to come.
Medical malpractice lawsuits are an important avenue for patients to seek justice and compensation when they have been harmed by healthcare providers. In California, Assembly Bill 35 (AB 35) has made significant changes to the damages patients can receive in medical malpractice lawsuits.
These changes have generated controversy among healthcare providers, patients, and legal experts. While some argue that the changes will reduce excessive payouts and improve the healthcare system, others argue that they will make it more difficult for patients to seek justice and deter healthcare providers from providing quality care.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide proper care to a patient, resulting in harm or injury. This can include a failure to diagnose a medical condition, prescribing the wrong medication, or making an error during surgery. Medical malpractice lawsuits are an important avenue for patients to seek compensation for their injuries, as well as hold healthcare providers accountable for their actions.
Examples of medical malpractice cases include misdiagnosis of a medical condition, surgical errors, medication errors, and birth injuries. These types of cases can result in serious harm to patients, including permanent disability, loss of income, and emotional trauma.
Overview of California AB 35
California Assembly Bill 35 (AB 35) was introduced in 2020 and signed into law by Governor Gavin Newsom. The bill aimed to reform medical malpractice laws in California by capping non-economic damages that patients can receive in medical malpractice lawsuits.
Under AB 35, non-economic damages, which include damages for pain and suffering, emotional distress, and loss of companionship, are capped at $250,000. This means that regardless of the severity of the injury or harm caused by medical malpractice, patients can only receive up to $250,000 for non-economic damages.
Additionally, AB 35 requires patients to file a certificate of merit before filing a medical malpractice lawsuit. The certificate of merit must be signed by a qualified medical expert who attests that there is a reasonable basis for the lawsuit and that the healthcare provider in question deviated from the standard of care.
AB 35 also requires healthcare providers to disclose to patients whether they have malpractice insurance and the amount of coverage they carry. This is intended to improve transparency and help patients make informed decisions about their healthcare providers.
Impact of AB 35 on Medical Malpractice Lawsuits
The passage of California AB 35 has significant implications for medical malpractice lawsuits in the state. One of the most significant impacts of the law is the cap on non-economic damages.
The $250,000 cap on non-economic damages means that patients who are harmed by medical malpractice can only receive up to $250,000 for pain and suffering, emotional distress, and other non-economic losses. This has the potential to significantly limit the compensation that patients can receive, even if they have suffered severe injuries or harm.
Additionally, the requirement for a certificate of merit before filing a medical malpractice lawsuit means that patients will need to consult with a medical expert before pursuing legal action. This can add an additional layer of complexity and cost to the legal process.
The requirement for healthcare providers to disclose their malpractice insurance coverage may also impact medical malpractice lawsuits. Patients may be more likely to pursue legal action if they know that a healthcare provider has adequate insurance coverage, as this can increase the likelihood of receiving compensation.
A Significant Impact
California AB 35 has brought significant changes to medical malpractice lawsuits in the state. The cap on non-economic damages, requirement for a certificate of merit, and disclosure of malpractice insurance coverage are just a few of the ways that the law will impact patients and healthcare providers.
While the law has been met with controversy, it is important for patients who believe they have been harmed by medical malpractice to understand their legal rights and options under this new law. Consulting with an experienced attorney can help patients navigate the complexities of medical malpractice lawsuits and work towards getting the compensation they deserve.
Ultimately, AB 35 represents an effort to balance the needs of both patients and healthcare providers, and its impact on medical malpractice lawsuits in California will continue to be felt for years to come.
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