Litigation
Sep. 3, 2011
Panel rejects challenge to medical malpractice damages cap
A state appellate court Thursday rejected the latest challenge to California's $250,000 cap on non-economic damages in medical malpractice cases.
By Laura Ernde
Daily Journal Staff Writer
A state appellate court Thursday rejected the latest challenge to California's $250,000 cap on non-economic damages in medical malpractice cases.
Although the 5th District Court of Appeal in Fresno upheld the cap, a dissenting justice argued the trial judge should have taken evidence on whether the cap is no longer rational.
Plaintiffs' lawyers argue the cap, enacted as part of the Medical Insurance Compensation Refo...
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