Trial lawyers in the State of California will continue to pursue the effort to raise the general damage malpractice payout cap established by the Medical Injury Compensation Reform Act in 1975. Even though the recent ballot initiative (Prop. 46) was overwhelmingly defeated, litigators will push to raise the $250,000 limit on pain and suffering damages by any available method.
Seriously out-spent by the healthcare lobby and buoyed by the confusion of issues contained within Prop. 46, recent efforts to raise the MICRA cap went down in flames! Prop. 46 would have raised the general damage limits to $1.1 million and readjusted it annually for inflation, bringing the damages cap for medical negligence cases more in tune with other jurisdictions and into the 21st century.
Despite the recent setback of Prop. 46, trial lawyers still have thoughts and plans to reform the antiquated limits established in 1975, whether by further initiative or through the court process. Courts in other jurisdictions have invalidated certain caps, but will the California Supreme Court consider such an issue regarding the MICRA damages cap?
The fight is not over. Round one was a victory for the healthcare industry. With a better strategy, increased funding, and clarification of issues, the trial lawyers will continue their efforts to bring MICRA damages to a more realistic limit.
If you have a claim for damages, whether by medical or other professional negligence, or any type of personal injury or civil damage claim, the attorneys at Heiting & Irwin are available. We are just a phone call away from assisting you.