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A story in the Merced Sun-Star reports that a California jury has awarded $2.5 million to a patient who lost control of his bowels due to medical malpractice during routine surgery to remove a cyst from his buttocks. The patient alleged that his surgeon negligently cut a nearby muscle while attempting to remove the cyst.

But this medical malpractice victim will likely face another painful cut because because California has a cap on noneconomic damages. The verdict will likely get reduced to the $250,000 limit under the state’s Medical Injury Compensation Reform Act. This could set up a challenge in the California appellate courts over the constitutionality of its damages cap.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

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