Articles Tagged with MICRA

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Written by :  Patricia I. James**

In Post #7, I wrote about the cap of $250,000 on non-economic damages in California.  Basically, I said that it was an unfair cap that had not been revised since it was established in 1975.

In Post #14, I wrote that, if the Gavello case went to the California Supreme Court, it might find that the cap was unconstitutional.  I did not give that much hope but it was a thought.

Published on:

Written by:  Patricia I. James**

Summary: The MICRA cap referred to in Post #7 is again being challenged in a case filed in the California Court of Appeal. However, I don’t think it has the power to determine its constitutionality. That falls in the realm of the California Supreme Court.

Post #7, entitled “Here’s Why the California Cap on Non-economic Damages is Archaic,” set forth the caps in all of the states. This issue is being revisited due to the filing of an appeal by the family of a man who died after surgery in 2008. The appeal challenges the constitutionality of MICRA, the Medical Injury Compensation Reform Act, enacted in 1975.