What is the burden of medical malpractice on a plaintiff who suffers from "noneconomic" injury?
California, United States of America
The following excerpt is from Fein v. Permanente Medical Group, 211 Cal.Rptr. 368, 38 Cal.3d 137, 695 P.2d 665 (Cal. 1985):
The burden on medical malpractice victims is no less real by virtue of the fact that it is "noneconomic" injury which goes uncompensated. Noneconomic injuries include not only physical pain and loss of enjoyment, but also "fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal." (Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.3d 889, 892-893, 103 Cal.Rptr. 856, 500 P.2d 880.)
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