Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Civil Code Section 3333.2 Limits Recovery Of Non-Economic Damages In A Medical Malpractice Action To $250,000
Civil Code section 3333.2 provides in pertinent part:
(a) In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfiguring and other non-pecuniary damage.
(b) In no action shall the amount of damages for non-economic losses exceed $250,000. In light of the foregoing, should the jury find liability on the part of defendants, any award is subject to the provisions of section 3333.2 thereby limiting the total non-economic damages to $250,000.00.
Civil Code Section 3333.1 Permits Defendants To Introduce Evidence Of Collateral Source Benefits
Subsequent to the alleged malpractice by defendants, plaintiff received insurance benefits. Under Civil Code section 3333.1, defendants can introduce evidence of these benefits at trial. Subdivision (a) of section 3333.1 provides, in pertinent part:
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
“In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental or other health care services … ” (See Part 9 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.