Medical Malpractice Reform: Local government should pay for Medical experts for cases

Medical Malpractice Reform: Local government should pay for Medical experts for cases

August 5, 2020
Petition to
Representative Xavier Becerra and 14 others
Signatures: 104Next Goal: 200
Support now

Why this petition matters

Started by Alexis Brooks

In the state of California there is a financial cap on damages awarded to victims of medical malpractice. The cap is $250,000 for non-economic damages.

While it may seem reasonable, this figure has not been adjusted in 45 years. If we adjusted for inflation the true cap should be about $1,197,832. But, we know this will never happen, so we must make other adjustments.

Because the cap has remained so low, and these cases are taken on an contingency basis, attorneys turn down valid suits daily. It is very costly to start a medical malpractice suit. The victim has to pay those costs if they want to move forward, but most don't have the funds to do so.

This system is wrong, immoral, and allows subpar medical professionals to continue practicing without reprimand, further endangering our communities.

Just one bad medical professional treating hundreds of patients can inflict an immense amount of harm on a community. We see this with our current pandemic.

People are told daily that they have valid malpractice cases, but attorneys won't take the cases because of the costs involved. But this should not be about costs, public safety should take precedence.

The Solution: Medical expert testimony should be paid for by the state in order to protect the community and set the standard of care. Just like we have public defenders in court we should have medical public defense experts for medical malpractice. 

If someone assaults you, commits battery against you, or murders you, and you report it, the state gets involved to insure that the criminal perpetrator is given the proper punishment or reprimand.

Yet, if a doctor or surgeon is negligent and the outcome of their work is equivalent to assaulting you, battering you, or murdering you, you or your survivors are left to pick up the pieces in a system that is designed to protect the one that hurt you. This is not reasonable, right, or fair in our modern legal system.

Medical malpractice cases have declined heavily in the last two decades, but it's not because doctors are getting better. In fact, some sources claim that during these two decades medical errors has risen to the 3rd leading cause of death. So it seems that as cases decline, so does the overall quality of care. And as quality of care declines, the quality of health in our communities decline.

Please sign my petition to reform medical malpractice procedures to insure a healthy California in the future.


Support now
Signatures: 104Next Goal: 200
Support now

Decision Makers

  • Gavin NewsomGovernor
  • Xavier BecerraRepresentative
  • Kamala HarrisAttorney General
  • Kamala D. HarrisSenator
  • Dianne FeinsteinSenator