Medical Malpractice Cases in California are Becoming Increasingly Alarming
Few things are more disconcerting than a negligent doctor with a history of misconduct. The most alarming thing about this situation is that many patients never really know how trustworthy their doctors are. They are asked to simply take a leap of faith and hope for the best, not knowing whether certain medical professionals are competent, caring, and responsible. Unfortunately, many people find out the hard way that trusting negligent doctors can lead to terrible consequences. Serious injuries may occur, and sometimes patients even lose their lives. Recent medical malpractice lawsuits in California show how serious this problem has become in the Golden State. But what can you do if you have experienced medical malpractice?
California Lawmakers Seek to Raise Cap for Medical Malpractice Damages
In 2022, California lawmakers introduced a bill that would raise caps for medical malpractice damages. This damage cap has not been raised since 1975, and it has remained pegged at $250,000 ever since. Critics argue that the damage cap should be raised to reflect the obvious changes in inflation and the economy. AB 35 would initially increase the damage cap to $350,000 in 2023.
Over the next 10 years, this number would increase incrementally until it reaches $750,000 in 2033. In the case of wrongful death, the damage cap would be raised even further to $1 million. Today, you have situations where families are awarded tens of millions of dollars after filing medical malpractice lawsuits in California – only to have this award whittled down to the maximum of $250,000. Some believe that this system prevents negligent doctors and the entire medical system from being held accountable for serious misconduct.
Former Trans Child Sues Doctors for Trans-Affirming Surgery
On November 11, it was reported that an 18-year-old child was suing the doctors who performed transgender surgeries on her when she was a minor. These surgical procedures were irreversible. She alleges that medical providers and medical organizations breached their standard of care when they performed the surgeries. She also notes that she was as young as 13 when she first started undergoing the procedures.
The patient claims that she now faces joint pain, weak bone density, and ongoing urinary tract infections due to puberty blockers and testosterone treatments. In addition, she alleges that the consent form contained no information about the risks associated with puberty blockers and testosterone. These risks include infertility, increased risk of osteoporosis, bone fractures, and suicidal ideation.
The lawsuit states:
“Chloe has suffered physically, socially, neurologically, and psychologically. Among other harms, she has suffered mutilation to her body and lost social development with her peers at milestones that can never be reversed or regained.”
She also claims that she was coerced into accepting the procedures, as medical professionals told her that she would experience a high risk of suicide if she did not. The 18-year-old now states that she was too young to think seriously about the possibility of having a child at the time of the procedure, and she is now experiencing severe psychological issues as she comes to terms with the fact that she will never become a mother.
Hospital Avoids Consequences for Alleged Use of Counterfeit Spinal Implants
On November 14th, it was reported that a California hospital had been cleared of all wrongdoing after allegedly using knockoff versions of spinal surgical implants. This is considered a bellwether trial, as it is the first of hundreds to go to court. The key factor in the trial was the fact that the FDA never determined whether “imitation metal screws” used in a plaintiff’s spinal fusion surgery were, in fact, counterfeit.
According to the plaintiff’s attorneys, the hospital’s official supplier of spinal screws was cut off by their own supplier. The company then sought out a smaller, private manufacturer who allegedly created their own screws that were “crude copies of a genuine product,” complete with fake branding. The plaintiff claimed the shoddy nature of these screws required their removal just five years after the initial surgery. She also claims the entire process left her completely disabled and with chronic pain.
However, this was not enough to sway the jury, who eventually seemed to agree with the defendant’s claim that using “off-label” drugs and medical devices is common and legal.
Pelvic Mesh Lawsuits Continue
On November 16, it was reported that pelvic mesh lawsuits were continuing to make waves in the legal world. Johnson & Johnson (J&J) was reportedly seeking a Supreme Court review of a $302-million fine the company had received in connection with its allegedly risky pelvic mesh products. This was primarily a defective marketing case, as the main argument was that J&J subsidiary Ethicon Inc. misrepresented the risks of pelvic mesh products in its marketing campaigns. J&J complained about the calculation of the 121,844 false advertising law violations, claiming that many of these marketing communications never actually reached consumers.
This is not the first time Ethicon has faced legal action for its allegedly misleading marketing campaigns. Doctors can also be sued in connection with this alleged failure to communicate risk, as we saw in 2019. Vaginal mesh lawsuits have been common since 2008 when the FDA first warned of serious complications associated with these products.
Where Can I Find a Qualified Personal Injury Attorney in California?
If you have been searching the California area for an experienced personal injury attorney, look no further than Mary Alexander & Associates. With offices conveniently located in San Francisco and Los Angeles, we are well-positioned to assist injured victims throughout the Golden State. With our assistance, you can hold negligent parties accountable – whether that is a doctor, a property owner, a drunk driver, or anyone else whose misconduct has caused you harm. We can guide you towards a fair settlement that you can use to pay for your medical expenses, missed wages, and any other damages you might have incurred. Book your consultation as soon as possible, as the statute of limitations can prevent you from suing if you wait too long.