The trial attorney association is sponsoring a ballot initiative which, if enough signatures are collected, will appear on the 2014 ballot to increase the MICRA cap. In 1975, the Medical Injury Compensation Reform Act (MICRA) established a $250,000 cap on non-economic “pain and suffering” damages in medical malpractice lawsuits. If the proposed ballot measure passes, that cap would be raised to $1.2 million and would tie future increases to inflation.
The measure drew criticism from the California Medical Association, California Hospital Association, Civil Justice Association of California and a lobbying coalition, of which LeadingAge California is a member, Californians Allied for Patient Protection (CAPP). As CAPP points out, “MICRA currently provides unlimited economic compensation for any and all economic or out of pocket costs, including past and future medical care, past and future lost wages, and unlimited punitive damages.” The cap on non-economic damages was designed to reduce the incentives by lawyers to file merit-less lawsuits that drive up healthcare costs. To read the entire press release, click here.
The initiative is still out for circulation to California voters and needs a set amount of signatures to appear on next year’s ballot. LeadingAge California will continue to follow the issue closely and inform members of ways to get involved on the issue.
