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California Supreme Court

Dec. 17, 2014

State high court ruling leaves opening in medical damages cap

The decision says a $250,000 cap on the amount of money victims of medical malpractice victims can receive in noneconomic damages doesn't prohibit them from recovering that amount from multiple defendants when some settle.


By Emily Green


Daily Journal Staff Writer


A man who was left blind in one eye after surgery for a severe nosebleed went wrong can recover $250,000 from the doctor even though he settled with the medical device maker and the hospital for $2.35 million, the state Supreme Court ruled on Monday.


The decision, which reverses the court of appeal, says a $250,000 cap on the amount of money victims of medical malpractice victims can receive in nonecon...

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