BAKERSFIELD, Calif. (KGET) — A Bakersfield family is sharing their story of tragedy while urging Governor Gavin Newsom to sign a historic piece of legislation.
Assembly Bill 35 will increase California’s $250,000 cap on compensation in medical malpractice cases. The bill will also allow malpractice survivors to sue both health care providers and institutions for up to three separate caps.
Xavier De Leon, who advocates say played a key role in the passage of the bill, lost his fiancée Demi and premature son Malakhi in 2019 due to Demi’s undiagnosed Pre-eclampsia.
De Leon and other family members filed a wrongful death lawsuit – claiming her doctors were responsible for their deaths.
“Although legislation will not help my family, I know that it will help so many other families and I find comfort in knowing that my son played a big part in making change for others,” De Leon said.
Assembly Bill 35 is awaiting Governor Newsom’s signature. If signed into law, it would be the first update to California’s cap on compensation in malpractice cases in nearly 50 years.