California Malpractice Law May Not Cover Freak Injuries

Okay. Let’s say you go in for an operation. You had some sort of bicycle accident. You now lost your arm but it can be saved. But instead of grafting your arm back on, they give you the arm of a chimpanzee. Yeah, this is highly unlikely. But you can go, hey, you know what? I’m gonna file a lawsuit. That’s what I’ll do. This operation has gone bad, I’m gonna get some monetary returns ‘cause I’m entitled it ‘cause, you know, I have the arm of a chimpanzee. Well, think again. The current California Medical Malpractice Law prevents this and only Governor Jerry Brown can change it.

The California Trial Lawyers Association explains, “The original act put a cap of $250,000 for pain and suffering. So if you lost a leg and an arm but were still able to work as an accountant, and had a medical plan, and didn’t lose any money, the maximum amount of money you could ever get was $250,000.”

“We’ve tried to make the changes,” personal injury lawyer Bob Schock says, “We’ve not done it. We still have the same legislation we had in 1975.”

A tough call. Read more on the Examiner.

What would you do if you had a chimp’s arm? Would you continue attempting to be covered by malpractice law or would you join the circus and capitalize on this? Let us know.

Kenneth G. Marks is a Personal Injury Lawyer serving Orange County California for over 30 years.