In California, the Medical Injury Compensation Reform Act (MICRA) can have an impact on your ability to seek compensation for acts of medical malpractice. Kampf, Schiavone & Associates are here to guide you through medical malpractice caps and the way they may impact maternal mortality.
MICRA places a cap of $250,000 on non-economic damages in any case involving medical malpractice. What does this mean? In essence, it limits the amount of money that the injured party can expect to get in exchange for their injuries, damages, and losses. In theory, damage caps are put into place in order to keep a chain of expenses from growing. A doctor involved in a medical malpractice case may have to pass the cost of their heightened insurance onto their patients, for example.
However, these damage caps can have dangerous impacts, too. Maternal mortality is used to refer to the death of a woman during pregnancy or within 42 days of its termination, with that death being related to the pregnancy or its management. This means medical malpractice can contribute to maternal mortality through mismanagement or negligence. With a medical cap in place, the family of someone who was killed by medical negligence during pregnancy will only be able to seek $250,000 in damages. This can be devastating to the lost loved one’s family.
The affect of medical malpractice on maternal mortality can cause people emotional distress and can also leave families struggling with how to make financial ends meet after the tragedy. If you are in a similar situation, you can read more about your options on our web page or speak with our experienced attorneys.