How Might California’s MICRA Cap Affect You?

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Did you know that Californians face a cap on the amount of medical malpractice damages they can receive?

When people successfully bring a medical malpractice suit against their doctors in California, the Medical Injury Compensation Reform Act (MICRA) places a limit on the amount of non-economic damages they may receive in compensation for the injuries they’ve suffered.

What are non-economic damages? Non-economic damages are amounts awarded to compensate victims for things like pain and suffering, loss of limbs or vision, permanent disability or disfigurement – in other words, losses which are not related economic losses. Under MICRA, there is a cap of $250,000 on the awarding of such damages.

MICRA was enacted in 1975, and one of the concerns expressed about the cap on non-economic damages is that, unlike some of the states which also has legislated medical malpractice caps, the legislation doesn’t make any provisions for inflation. The cap of $250,000 remains unchanged from 1975, when MICRA first came into force, and today.

There is, however, no cap placed on economic damages – that is, damages which are quantifiable or measurable, such as amounts necessary for current and future medical care and an amount to compensate for the loss of income or an impairment in the ability to earn.

If you or a loved one has been injured as a result of medical malpractice and are seeking a qualified medical malpractice attorney, contact Los Angeles doctor-turned-lawyer Bradley I. Kramer for a free consultation today.

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