A state law that hasn’t changed since 1975 caps compensation for families harmed by medical negligence. The limits apply to lost quality of life, even if a patient loses a leg, a child, or is disabled for life. Click on the picture of the map to find patients by the State Senate Districts they live in.
Angel Villalobos was born with just one heart ventricle instead of two. A series of operations early in life should have fixed the problem and left him with a normal life. But during the third operation, when Angel was five, the surgeon cut through Angel’s breastbone using the location of an earlier incision and cut Angel’s aorta with an oscillating saw. Twelve minutes of massive blood loss left Angel with severe brain damage.
Because of the earlier operations, the surgeon should have known of the possibility that Angel’s aorta was attached to the inside of his breastbone. Additionally, an angiogram before the operation showed there was practically no space between the aorta and the breastbone. Under those conditions, a different procedure, one that did not use an oscillating saw, would have been called for to cut into Angel’s chest. Certainly, a backup plan should have been ready to implement in case the aorta was cut.
Angel, now 17, is left with the mental capacity of an infant. He cannot speak, eat, or drink by himself. He needs medicines regularly and his food specially prepared. Although he has learned to walk, he does not know how to cross a street, needs a diaper change every two hours, and support 24 hours a day. To care for Angel round the clock, his mother, Mixzi, quit her job and she never worked since. Her husband works full time and relieves her when she is sick.
Angel’s family received a settlement totaling $3 million to cover his expenses, but none for the pain and suffering of Angel or his parents. “We got nothing for them ruining our lives,” said Mixzi. “To tell you the truth, I don’t think this is enough money to care for my son. I don’t think it was what he deserved.” The settlement was calculated to last for Angel’s care only until the age of 41, she said.
The state is also paying for Angel’s care. Mixzi qualified for 80 hours a month of care for Angel at a state-funded center for the disabled. She also qualifies for help with in-home care for 100 hours a month. “They pay to take care of our son at home, it is not as expensive as a nursing home,” Mixzi said. The catch is that Mixzi now has to pay more out of pocket since Angel turned 18.
Californians will have the chance to vote on the Fairness for Injured Patients Act on the November 2022 ballot. The Fairness Act would update California’s medical malpractice damage cap for nearly 50 years of inflation, and allow judges and juries to decide fair compensation in cases involving catastrophic injury or death. Learn more about this campaign for patient safety.
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