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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (354685)3/21/2010 2:44:28 PM
From: mph  Read Replies (1) of 793931
 
What happens in med mal cases in CA is that the insurance policy generally provides that the insured must consent to settlements. I believe that settlements in sums over $30,000 (or thereabouts) have to be reported to the medical board.

These 2 facts tend to discourage settlement, regardless of whether defense counsel is interested in milking the case for fees.

The MICRA limitations cap general damages (e.g. pain and suffering) at $250,000. Economic damages (e.g. cost of corrective surgery) are not capped. Contingent attorneys fees for the plaintiffs' lawyers are also capped pursuant to a statutory formula. All of these provisions had an effect on the plaintiffs' bar for med mal cases. Unless the injuries are pretty significant, the cases are expensive and might not have sufficient upside to offset the expense. [Expert witnesses are necessary to articulate the standard of care and how it was breached.]

In more recent years elder or dependent adult abuse cases have created an unlimited possibility for high awards. These generally involve nursing homes or home health care providers who fail to provide adequate care to the elderly or infirm.

Most defense lawyers in all these cases attempt a summary judgment motion. These argue that the case should not go to the jury because the plaintiff can't succeed as a matter of law.

And, yes, most cases settle short of trial, not just med mal.
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