Navigating the intricacies of medical malpractice in Glendale California can be daunting. This complex legal area deals with situations in which a health professional’s negligence results in patient harm or death. With the recent legislation changes, it’s crucial for Californians to understand what medical malpractice entails and what legal recourse is available.
These changes stem from the signing of AB 35, an ambitious piece of legislation aimed at modernizing the system of awarding damages in medical malpractice cases. This new law signifies a significant shift in how California handles such cases, affecting both health care providers and patients.
Defining Medical Malpractice in California
Medical malpractice in California (California Code, Civil Code – CIV § 3333.2) is viewed as professional negligence by a healthcare provider that results in injury or harm to a patient. In layman’s terms, it means a doctor, nurse, or other healthcare professional did something or failed to do something that a competent professional in the same field would not have.
For instance, imagine a scenario where a surgeon performs an operation while intoxicated, leading to complications that could have been avoided under normal circumstances. This act deviates from the standard of care that a competent surgeon would provide, making it a clear case of professional negligence.
This negligence is often assessed by comparing the defendant’s actions to the accepted medical standard of care. That is, what another reasonable health care provider would have done under similar circumstances. If the standard of care wasn’t met, and a patient suffered harm as a result, a malpractice claim may be viable.
Key Changes in California’s Medical Malpractice Law
In an effort to rectify long-standing issues, the recently passed AB 35 has made two significant changes to California’s Medical Injury Compensation Reform Act (MICRA). It’s important to understand these changes:
- Restructuring of MICRA’s limit on attorney fees: Previously, attorney fees were tiered and tied to the amount recovered. AB 35 alters this by tying tiered fee limits to the stage of representation when the amount is recovered.
- Raising MICRA’s cap on noneconomic damages: Before AB 35, the cap on noneconomic damages stood at $250,000. Now, the legislation establishes two separate caps—one for wrongful death cases and another for other medical malpractice cases.
It’s hoped that these changes will improve fairness in the malpractice system and better protect patients’ rights. In addition, they are designed to increase accountability among healthcare providers, driving them to adhere more strictly to professional standards of care.
Ultimately, these revisions should contribute to an overall enhancement in the quality of healthcare delivery in California.
Implications for Health Care Providers and Patients
Health care providers and patients alike should understand the implications of the updated legislation. For providers, it means taking necessary precautions and maintaining high standards of care to avoid potential lawsuits. On the other hand, patients can expect better protection and a more equitable compensation structure for their grievances.
Moreover, the increased cap on noneconomic damages signifies a win for patient advocates, offering improved compensation for pain and suffering, loss of enjoyment of life, and other non-tangible losses. The new structure aims to better compensate victims, while also holding negligent health care providers accountable.
Protect Your Rights: Contact Glendale’s Trusted Source for Medical Malpractice Claims
Recent legislative changes have substantially reshaped California’s medical malpractice landscape. With increased compensation caps and attorney fee alterations, these reforms aim to ensure just patient representation and foster healthcare provider accountability.
If you find yourself entangled in a potential medical malpractice case, it is crucial to consult a seasoned legal professional who can help you fully comprehend these changes and their implications. A reliable and experienced attorney from Anand Desai Law Firm, based in Los Angeles, can assist in successfully navigating this intricate field, helping you secure the justice you deserve.
Contact Anand Desai Law Firm for a consultation via our online contact form or by calling (833) 270-7800.