News Break: Medical Malpractice case DeRogTis vs. Shainsky made it to the civil trial stage. This alone is a victory since 99% of medical malpractice cases involving a person who is not the wage earner, no economic damages or punitive damages are allowed under the current law. Only loss, pain, suffering. The problem is there is a cap on the value on a person who is not the main wage earner : loss is capped at $250,000. This law was put into effect 38 years ago and never has been raised to keep up with inflation. Most plaintiff attorneys will
cannot financially take on these cases due to the $250,000 cap and also the complexities of medical malpractice cases and the need to have several expert witnesses and all of those expenses come out of the law firms pocket.
So here we are now. Our trial was moved from Los Angeles where Tara lived to a Pasadena courthouse . The jury pool was quite different from those who are called to downtown LA.
So we had a problem: it took two and a half days to barely get a somewhat acceptable jury. More to come.
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