In 1975, California passed the Medical Injury Compensation Reform Act (MICRA), which put a limit on the amount of damages victims of medical malpractice could recover. MICRA states that victims of medical malpractice cannot recover more than $250,000 in non-economic damages. These are damages that cannot clearly be measured by a specific dollar figure. This means that victims cannot recover more than $250,000 to compensate them for their pain and suffering, disfigurement, emotional distress, or the loss of companionship with loved ones.

This amount has not changed since 1975, which has led to criticism of the law for putting an artificial cap on what victims can recover. The law was initially passed in an attempt to lower malpractice insurance premiums for doctors. However, because the amount has not ever been increased, many have called the law outdated and unfair towards victims. Adjusted for inflation, the 1975 cap in today’s dollars would translate to roughly $1.2 million.

Because the amount is capped, critics have noted that it unfairly benefits insurance companies, while discouraging lawsuits from victims. Because medical malpractice cases can be difficult and lengthy, many attorneys have shied away from taking the cases, knowing the recovery is capped. In 2014, Proposition 46, which would have raised the cap to $1 million, was proposed by consumer groups. Unfortunately, the measured was defeated during the November 2014 election.

MICRA does not limit economic damages, otherwise known as out-of-pocket damages. These include medical bills, lost wages, and any other expenses incurred due to the malpractice.

For a free consultation regarding your claim contact the Hariri Law Group at 619-363-2889. You can also visit us on the web at www.haririlaw.com.   We look forward to speaking with you regarding your case. *Disclaimer: Every case is fact specific. In order to properly assess your case please contact one of our experienced attorneys.