TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, September 30, 2019

CA: Proposed Ballot Initiative Would Raise Med Mal Cap

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.

https://lawprofessors.typepad.com/tortsprof/2019/09/ca-proposed-ballot-initiative-would-raise-med-mal-cap.html

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Comments

Has the constitutionality of CA's cap been challenged?

Posted by: James Puritz | Sep 30, 2019 10:10:36 AM

It is my understanding that the California Supreme Court has rejected several challenges to the constitutionality of the cap.

Posted by: Chris Robinette | Oct 1, 2019 6:57:33 AM

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