Legal Question in Medical Malpractice in California

The liability insurance carriers for physicians are notoriously difficult to deal with, and do not typically settle these cases unless, and until a lawsuit filed by you or on your behalf gets close to the courthouse steps. They have become emboldened by the prevailing jury sentiment about medical malpractice litigation that, on the one hand, everyone believes that the cost of medical care is driven up by medical malpractice lawsuits which makes juries very much dislike these cases, and the belief that most lawsuits are frivilous. The insurance claims people will likely tell you that a bad outcome is not the same thing as malpractice, and there are no guarantees of the results which warrant refunds. There is also a limit on what the insurance companies can settle these cases for, without having to report the settlement to the Medical Board, which may investigate the doctor's license. So, while they can settle these cases, they seldom do, and almost never without a fight in court. You can sue for an amount greater than the cost to get your nose fixed, and pain and suffering and inconvenience and anxiety and upset and aggravation and all those other considerations of non-economic damages. However, those damages are limited by a now 35 year old rule of law in California which limits pain and suffering, etc., to $250,000. Additionally, plastic surgery cases are not attractive to lawyers who know what they are doing in this field, and it is likely you will have a great deal of difficulty getting a lawyer to take your case on a contingency fee basis.