Despite the limitation on non-economic damages, there are two aspects of the law in California that provide plaintiffs with an advantage over many other states, where the laws on medical malpractice litigation are even more restrictive. First, although joint and several liability no longer applies to non-economic damages, it does apply to economic damages. This means that any liable defendant, even if less than five percent at fault, may be liable for the entire amount of economic damages. Most physicians in California maintain $1 million in liability insurance, the same amount most doctors carried in 1975. That sum is inadequate in any case where the plaintiff sustains permanent injuries restricting his or her ability to work or where a lifetime of medical care may be necessary. – Dr. Bruce G. Fagel