In 1975, the legislature of California passed the Medical Injury Compensation Reform Act (MICRA). This was in response to a threatened doctors' strike which would have left California without vital medical care. The physicians complained that their medical malpractice insurance premiums had doubled and tripled that year. The insurance companies claimed the raised premiums were a result of increased medical malpractice verdicts; however, we believe failed stock market investments in previous years had caused financial losses. In order to recover their losses, insurance carriers had dramatically increased premiums for health care providers.
In California, plaintiffs may seek compensation for economic damages (wage loss, medical expenses, etc.) and general damages (pain and suffering). Prior to 1975, juries were free to award any amount of general damages deemed appropriate to the injury of the victim. However, since 1975, MICRA restricts general damages in all medical malpractice cases to a maximum of $250,000. MICRA also placed limitations on attorneys fees for medical malpractice cases unlike other personal injury cases.
For more information about our law firm's medical malpractice capabilities, see our medical malpractice web site.
