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Cap on Medical Malpractice Awards in California
Many states have enacted caps on medical malpractice awards in lawsuits due to medical malpractice tort reform. With record breaking multimillion dollar settlements in the news for damages in medical malpractice cases, rising malpractice insurance premiums and other similar factors have resulted in widespread medical malpractice tort reform. In the state of California, caps on medical malpractice awards are embodied in the California Medical Injury Compensation Reform Act (MICRA) of 1975.
MICRA’s Limitations on Damages in Medical Malpractice Cases
The biggest effect of MICRA on damages in medical malpractice cases is the $250,000 cap on general damages, which include pain and suffering, emotional distress, and loss of companionship. Special or economic damages, however, which can consist of items of compensation like lost wages, medical bills, and other costs, have no cap under MICRA. Likewise, MICRA’s impact is limited to the negligent actions of a licensed healthcare provider or professional. Therefore, MICRA would not place a cap on any damages that might be recovered by a person who slips and falls while in a hospital due to a wet floor or other hazardous condition, and files a lawsuit as a result of his or her injuries.
Effects of MICRA’s Damages Cap
While most see MICRA as a model for other states in terms of placing damages on medical malpractice lawsuits, some critics state that MICRA has not been as effective at combating rising malpractice insurance premiums as it might be. Plus, while many favor medical malpractice tort reform in general, particularly egregious medical malpractice cases make others question the propriety of any cap on damages in medical malpractice suits.
Consult a Medical Malpractice Attorney About Your Case
Medical malpractice is a complex legal issue that often involves strict timelines and limitations on damages. Therefore, it is essential that you contact an attorney specializing in medical malpractice law if you believe that you might have a medical malpractice claim.