California Initiative To Raise Medical Malpractice Caps On Non Economic Damages Qualifies For Ballot

California Initiative To Raise Medical Malpractice Caps On Non Economic Damages Qualifies For Ballot

Nearly 40 years after California's "MICRA" was enacted, voters will have the opportunity to vote whether to increase the medical malpractice cap on non-economic damages. Supporters of this critical initiative have accumulated 840,000 signatures – significantly more than the 540,000 needed – to place the referendum on November's ballot.

The measure seeks to raise the cap on non-economic damages from a meager $250,000 to $1.1 million, and tie increases to inflation. Non-economic damages include the intangible costs of serious injuries, such as a lifetime of pain and suffering, and emotional distress.

While immeasurable, these damages are very real. However as a result of this cap, many victims of medical negligence have been denied the justice they deserve. If you believe that you or a loved one has suffered any form of medical malpractice, we urge you to contact one of our San Diego medical malpractice attorneys for an immediate consultation.

MICRA (the Medical Insurance Compensation Reform Act) was enacted in 1975 in an effort to reduce premiums paid by doctors, which were blamed on medical malpractice payouts. However since then, study after study has concluded that caps haven't had an impact on reducing medical malpractice premiums. Additionally, entire classes of victims have been denied just compensation – such as children, the elderly, and stay at home parents – who lack economic damages.

By removing or adjusting the caps, more patients would be able to recover the compensation they deserve for injuries that may cause a lifetime of harm. For example in birth injury cases, where children generally have little "economic damages," the majority of their recovery is limited to non-economic. Removing these caps would help children catastrophically harmed by medical malpractice receive the compensation they deserve.

As California medical malpractice attorney dedicated to improving patient safety and helping those affected by medical errors and negligence, we support these necessary changes.


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