Wednesday, July 22, 2020
In 1975, California enacted MICRA, a law which, among other things, capped pain and suffering damages in medical malpractice cases at $250,000. In 2013, there was an unsuccessful ballot initiative to raise the cap to $1.1 million. Proponents of the "Fairness for Injured Patients Act" have collected enough signatures to again attempt to alter the cap, this time in 2022. The initiative would do three things: 1. adjust the cap for inflation, and adjust it annually thereafter; 2. allow judges and juries to exceed the cap in certain cases of catastrophic injury or death; and 3. require the cap be revealed to jurors. Insurance Journal has the story.