I have been representing individuals subject to medical malpractice or medical errors since the early 1990s. For so many years, victims of medical negligence have been subjected to significant limitations or caps on the ability to recover damages for pain and suffering following a medical negligence injury. In 2022, some significant changes were agreed upon between lawyers and the medical industry, then legislatively introduced and signed by Governor Gavin Newsom, to benefit the victims of medical negligence and to avoid uncertain political legal battles.
To accomplish the changes, on January 1, 2023, California Civil Code Section 3333.2 underwent significant amendments that impacted its application and scope, particularly regarding damage calculations in cases involving personal injury, wrongful death, or other tort claims due to medical malpractice. These changes were intended to address issues with the previous version of the law that restricted the damages to amounts imposed in 1975 and to adjust for emerging concerns, such as inflation and rising healthcare costs. Let’s break down the changes from the pre-2023 law to the 2023 amendments:
Pre-2023 Law (Before 2023 Amendments)
Under the pre-2023 version of Civil Code Section 3333.2, the statue set limits on the amount of non-economic damages (such as pain and suffering, emotional distress, etc.) that could be awarded to a plaintiff in medical malpractice claims for personal injury and wrongful death cases. The law did not place specific restrictions on economic damages for such items as past and future medical expenses or lost wages.
Key Limitations Imposed pre-2023:
- Non-Economic Damages Cap for Medical Malpractice: The old law specifically set a $250,000 cap for any and all non-economic damages in medical malpractice cases, including personal injury or wrongful death claims. These caps applied no matter how bad the injury was that was suffered by the injury victim. Additionally, the same cap applied to all persons or entities involved in the claim. There was no adjustment for inflation despite the cap being imposed in the 1970's.
2023 Changes to Civil Code 3333.2:
In 2023, the California Legislature made important amendments to Civil Code Section 3333.2, reflecting changes in the law that addressed growing concerns around economic fairness, access to justice, and medical costs. The primary focus of these amendments was to enhance the protection of plaintiffs in personal injury and wrongful death claims due to medical malpractice.
Key Features of the 2023 Adjustments:
- Adjustment to Non-Economic Damage Caps: The 2023 amendments significantly revised how non-economic damages are calculated, particularly in medical malpractice cases. The previous $250,000 cap for non-economic damages was changed to $350,000 for personal injury claims and $500,000 for wrongful death claims. These amounts would then be adjusted annually for ten years at the rate of $40,000 for injury claims and $50,000 for wrongful death claims. Thereafter, adjustments for inflation would occur each year by 2 percent beginning on January 1, 2034.
- Adjustment to Application of Non-Economic Damages: The 2023 amendments also altered the manner in which the damage limitations applied. The new law allows for up to three separate caps under certain limited circumstances.
Implications of the 2023 Changes:
- For Plaintiffs: The amendments could result in higher potential damage awards for individuals in personal injury and wrongful death cases caused by medical malpractice.
- For Defendants: Healthcare providers, insureres, and other defendants in these types of cases may face higher payouts than in the past; however, they are assued the imposition of damages for pain and suffering will not exceed the designated limits.
- For Legal Professionals: The legal commujnity will need to adjust to new interpretations of damage caculations, particularly when it comes to explaining inflation-adjusted caps or arguing for non-economic damages in cases outside medical malpractice.
Conclusion
I believe that the 2023 amendments to Civil Code Section 3333.2 have certainly altered and improved the ability of a malpractice victim to recover a better non-economic damage recovery. Providing more fairness to plaintiffs, particularly those suffering long-term or catastrophic injuries, was one of the purposes associated with the changes made to Civil Code section 3333.2. By annually increasing the non-economic damage caps, it continues to benefit persons injured due to medical malpractice.
These increases and adjustments, implemented in 2023, have allowed more justice for malpractice victims and greater capability for attorneys to represent malpractice victims.
If you have been injured due to the negligence of a doctor or medical provider, contact our office to discuss your claim and see if you can pursue a claim for your injuries. Please note that you must pursue your claim within the applicable statute of limitations, or your claim will be forever barred.
