The MICRA Roadblock

One of the biggest obstacles fighting medical malpractice cases is the Medical Injury Compensation Reform Act of 1975 known as MICRA. It caps compensation for “non-economic damages” at $250,000. This includes life-altering injuries such as the loss of a limb, disfigurement, loss of vision or the loss of mobility. Under the MICRA law, the loss of a spouse, parent or child is also drastically undervalued at $250,000. Even if the law is overturned, the cap needs adjustment for inflation and cost of living increases that would equal more than $1-million.

We are very proud of having won a MICRA case at the Supreme Court of the state of California. “The importance of the decision is that it prevents doctors and insurance companies from victimizing the already injured malpractice victim twice – the first is the unjust MICRA cap; but for this decision, the 2nd would be allowing a non-settling defendant to avoid paying the meager $250k cap on non-economic damages because his codefendants opted to settle out before trial. With this case that can’t happen a medical provider who is found to be a cause of the malpractice has to pay his fair share of the damages.”