Malpractice

Annette Ramirez is a fighter. She’s had to be, ever since a doctor’s error during surgery cost her two years of her life and all four of her limbs.

Yet, when she went to hold the negligent health care providers responsible, she learned that a 40-year-old law says her lifetime of pain and suffering, the loss of two years of her kids’ lives, and everything she will never do again is worth no more than $250,000 in court.

The abysmal patient safety record of California hospitals exposed in a national report card highlights the lack of legal deterrence and safeguards to protect consumers.

The Leapfrog Group, an employer-backed nonprofit group focused on healthcare quality, gave nearly 40 percent of California hospitals a C, D or F grade. These poor grades revealed hospitals that were unable to significantly reduce infections, accidents and errors.

Consumer Watchdog has joined the plaintiffs inHughes v. Pham in asking that the California Supreme Court review the constitutionality of the state’s arbitrary 39-year-old damages cap of $250,000 in medical malpractice cases. Even though a jury awarded the injured plaintiff millions in noneconomic damages for his permanent disability, this award was slashed to $250,000.