California Fails to Raise Medical Malpractice Cap by Floyd Arthur
Is California’s Medical Malpractice Cap Too Low?
The California initiative was co-authored by Bob Pack, a father whose two children were struck and killed by a woman who was driving while under the influence of prescription pain killers and the muscle relaxant Flexeril in 2005. After the incident, Pack and his wife, who was also injured in the accident, learned that the woman had been arrested four times in the past for DUI. Incensed, they tried to sue the doctors who had supplied her with the drugs.
No attorney would take the Pack’s case, citing the state’s low non-economic damage cap as the cause. (Attorney’s typically take cases like the Pack’s on contingency, taking a portion of any award as their fee.)
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