The California Medical Injury Compensation Reform Act (MICRA) of 1975 capped noneconomic damages such as pain and

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The California Medical Injury Compensation Reform Act (MICRA) of 1975 capped noneconomic damages such as pain and suffering at $250,000; as of this writing, the cap has never been adjusted for inflation, with a 2015 California appellate court concluding that raising the MICRA cap was a legislative matter. Such award caps have been criticized as limiting those injured from seeking legal redress, as most attorneys representing plaintiffs in medical malpractice actions work on a contingency basis. Further, plaintiffs with permanent injuries will be able to collect no more for their pain and suffering than those who will recover fully. A 2014 California ballot measure that would have raised the MICRA cap to $1.1 million was defeated. However, at this writing, another California ballot measure has been filed for the November 2020 elections. What are the advantages and disadvantages of limiting damages in medical malpractice suits? Explain.

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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