California’s Medical Injury Compensation Reform Act (MICRA) sets a cap on non-economic damages for victims hurt in drug rehab due to medical malpractice.
In injury cases involving standard negligence, there is no cap on economic or non-economic damages.
California victims of medical malpractice can receive less than they should to fully recover after medical malpractice. The victims of ordinary negligence in a rehab facility often have a better chance of receiving full support for their current and future recovery costs.
What Makes a Drug Rehab Accident Medical Malpractice?
A case is generally handled as Medical Malpractice when a healthcare provider’s mistake is involved. A doctor or another professional healthcare provider fails to reasonably perform his or her medical duties, and it allows a Substance Use Disorder (SUD) patient to come to harm.
- Nurses may fail to diagnose an overdose quickly enough.
- Doctors could administer the wrong medication.
A case involving ordinary negligence can involve any staff member failing in a duty to protect and care for a drug rehab patient.
- A security guard may fail to search a visitor properly, allowing them to deliver drugs to a patient.
- Corporate owners may cut back on staffing, affecting the level of monitoring a facility can provide.
Determining whether a case involves medical malpractice or ordinary negligence affects the level of support the victim takes home. Medical malpractice settlements can be limited. There are no caps on negligence-based claims.
The Differences in Medical Malpractice and Common Negligence
The limits California places on medical malpractice case payouts can make a big difference in a patient’s recovery. The limits don’t affect the economic damages a patient can receive. Patients can ask for as much as necessary to cover costs like their medical bills and lost income while injured.
MICRA legislation does place a cap on the non-economic damages victims can recover. Non-economic damages include support for the rehab patient’s pain suffered and emotional trauma caused.
This is a look at some of the differences between a medical malpractice case and a standard negligence claim:
- Medical malpractice non-economic damages have a cap of just under $500,000 currently, but the limit goes up each year thanks to the recent passage of AB-35.
- Cases involving ordinary negligence aren’t capped.
The deadline for patients or their families to file a claim will depend on whether it’s a medical malpractice case or a negligence case:
- Medical Malpractice claims have a statute of limitations of three years from the date of an accident. If an injury is discovered later, patients may have up to one year to file from the date the injury is diagnosed.
- Standard Negligence claims have a statute of limitations of two years.
There’s often a difference in who covers the costs of a settlement.
- With medical malpractice settlements or court judgments, the facility’s medical malpractice insurer usually covers the cost.
- In standard negligence cases, the corporate owner’s liability insurance provider could pay up to a point. Any settlement that goes over the policy limit, or if the cause of an accident wasn’t covered (e.g., a criminal act or fraud), the facility may be on the hook for compensating patients. See: Who pays? Insurance coverage and corporate defendants in rehab cases
How an Attorney Can Help in a Rehab Negligence Injury Case
A skilled attorney helps victims determine whether an injury case or a wrongful death case is an example of medical malpractice or standard negligence. Then the lawyer makes sure the right ruling is made and that the correct resolution is found. The court’s determination can mean a difference of tens of thousands of dollars for families.
In some instances, a facility may have been liable for both medical malpractice and common negligence in the treatment of a patient. Your attorney can file multiple claims as a way to secure even more for patients in recovery.
Contact Us if you Suspect Rehab Center Negligence Hurt Your Loved One.
Attorney Martin Gasparian offers a free, confidential consultation to victims and their families after an overdose at a California drug rehab facility.
Call us today or fill out a free case review form.
A skilled attorney has a great chance to earn families much more than they could by handling these complex cases themselves. And victims never have to worry about affording a lawyer. We don’t get paid unless we win the case. Then our fee comes out of the settlement check a facility must write for you.