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Law Offices of John P. Rosenberg

Q
Why is it so difficult to find an attorney to handle my medical malpractice case? [Part One]

A

There are fewer attorneys willing to take on medical malpractice claims in California. There are many reasons for this. They begin with the passage of MICRA in 1975. More about the passage of this anti consumer legislation later on.

Under MICRA, anyone who is badly injured as a result of medical negligence is limited to a MAXIMUM of $250,000.00 for pain, suffering, disfigurement or death. Yes, you can also recover economic losses, such as medical bills, loss of income and out of pocket expenses, but the limitation created by MICRA is a severe and cruel limitation on what badly injured people can recover.

In addition, doctors, hospitals, medical providers and their insurance companies, without fail, work very hard to drive up the cost for victims of medical negligence and their attorneys to pursue their cases. Why do they do this? To discourage attorneys from taking these cases on in the first place. And its working! The fact that you're reading this artice is proof. Your difficulty in finding an attorney to represent you in your case is a direct result of the medical and insurance industry efforts to close the door to the courthouse on as many victims as possible. And their reward is bigger insurance industry profits, fewer medical malpractice claims to defend, and more and more negligent medical providers escaping any resonsibility or consquences for their negligence and medical errors.

NEXT INSTALLMENT: HOW DOES DRIVING UP THE COSTS OF PURSUING A MEDICAL NEGLIGENCE CLAIM REDUCE THE AVAILABLITY OF ATTORNEYS FOR VICTIMS OF MEDICAL NEGLIGENCE? [HINT: THE ANSWER IS NOT ATTORNEY GREED.]