California Tort Reform Prohibits Justice
California has done a great disservice to their residents by limiting the amount of damages allowed in a lawsuit and not raising the limit in the last 30 years. Nancy Geyer's experience is an example. Her daughter woke up with an extremely high fever. Geyer took her daughter to the family physician and he thought she might have had a bacterial infection in her blood and told her to rush her to the hospital. The ER doctor who examined her sent them home saying it was symptoms of the flu. That night Geyer saw a horrifying sight when she answered her daughter's summons; her body was cold and was changing into different colors. She again rushed her to the
hospital, but her daughter was never to return home. When trying to get answers to her daughter's death she ran against the usual wall. They provided no explanation to the sudden death so Nancy sought help from an attorney. Unfortunately, the law MICRA the Medical Injury Compensation Reform Act, limits non-economic damages to $250,000. That precludes any legal help to be possible because of the costs involved. MICRA limits the contingency fees for attorneys in medical malpractice cases thus prohibiting attorneys to try some of the most deserving cases. In effect, Nancy Geyer was told her daughter's life is worth less than $250,000. This is just one
of many heart-wrenching stories caused by medical malpractice with no recourse.
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