How much can a victim of malpractice recover?
Regardless of the age of the victim or the severity of the injury, the most any victim of malpractice can get for his or her pain and suffering is $250,000.00 in California. So, even if a baby is born permanently blind and paralyzed because of a doctor or hospital’s mistake, the most that infant can expect to get for its lifetime of pain and suffering is $250,000.00. Efforts have been made to remove this harsh cap, but as recently as a few months ago the California legislature voted down bills to increase this ceiling. In addition to this $250,000 limit for pain and suffering, there is no limit on how much the victim can get for future medical expenses or future lost wages.
