Monday, September 30, 2019
In 1975, California enacted MICRA. Among other things, the law capped pain and suffering damages in med mal cases at $250,000. The cap has not been raised since. Back in 2014, California attempted a ballot initiative to raise the cap; it failed by a large margin. Now a couple whose infant daughter received a large med mal award that was significantly reduced by the cap has filed an initiative to update the cap by the amount of inflation, raising it to over $1.2M. The sponsors need to obtain the signatures of at least 5% of voters who cast ballots in the previous election for governor (623,000 signatures). In 2014, a coalition of medical groups spent nearly $60M to defeat the initiative. The leader of a consumer advocacy group stated he is counting on a progressive electorate in 2020, intent on defeating President Trump, to boost the initiative's chances. KTLA has details.