Recently in Caps on non-economic damages Category

The Medical Injury Compensation Reform Act or MICRA was enacted in 1975 by pressure from doctors in California wanting to limit the amount of damages victims of medical malpractice could obtain from lawsuits.  This limits the amount of money a victim of medical malpractice in California can obtain for non-economic damages, including emotional distress and pain and suffering to $250,000.  Since its introduction, tens of thousands of patients injured by preventable medical errors have been denied just compensation for their injuries.  

Although this creates a challenge for victims of medical malpractice, there are still additional resources available.  And while MICRA creates a difficult challenge for victims of medical malpractice in California, there are other states that are far more excessive with their limitations on damages.  For example, Virginia limits the total amount a victim of medical malpractice can recover for economic, non-economic, and punitive damages to $2 million.  Indiana limits the total amount for economic and non-economic damages to $1.25 million.  If a birth injury victim in California was awarded $7 million for economic damages, that same victim in Indiana would only receive $1.25 million to cover the same damages.   

Although non-economic damages in California are limited to $250,000 for medical malpractice victims, there is no cap on economic damages.  Economic damages include a lifetime calculation of lost wages and medical care for the victim of medical malpractice.  If a child suffers a severe and permanent birth injury such as cerebral palsy, although MICRA limits his or her non-economic damages to $250,000, there are still economic damages that must be calculated.  How much does it take to provide medical care for this individual for the rest of his or her life? Does this victim require a full time care giver?  How much lost wages would this victim be expected to lose for a lifetime of being out of work?

The cost of living has gone up dramatically since 1975 and while the $250,000 for non-economic damages has substantially decreased in value when factoring in the cost of living, the cost of medical care has increased dramatically, so the economic damages produce sizable damages for victims of medical malpractice.  

Taking the cerebral palsy birth injury example from above, this victim will likely need full time medical care and resources for the rest of his or her lifetime.  Full time medical care may require a full time care giver to handle daily routines including getting dressed, bathing, and feeding.  Also, medication, therapy, and doctor visits will likely be required.  The amount of medical care and resources necessary to take care of a severe cerebral palsy birth injury victim may cost millions of dollars over the victim's lifetime.  There is also the amount of lost wages the victim will lose over a lifetime and this must be factored into the economic damages as well.  Economic damages are the reasons why a medical malpractice victim may recover damages into the millions when MICRA places non-economic damages at a maximum of $250,000.   

If you or someone you love has been the victim of medical malpractice, you should immediately consult with a medical malpractice lawyer who is also a licensed physician, such as Dr. Bruce G. Fagel.  The consultation is free and if we take on your case, there is no fee unless we win your case.  

In 1975, doctors in California helped push through legislation limiting the amount of damages victims of medical malpractice could obtain from lawsuits.  This resulted in the Medical Injury Compensation Reform Act (MICRA).  MICRA caps the amount of recovery a victim of medical malpractice can obtain for non-economic damages, such as pain and suffering and emotional distress at $250,000.  However, economic damages remain unlimited.  Economic damages include such items as medical care and lost wages, including a life time of lost wages and medical care necessary for some victims, such as a child who becomes paralyzed for life due to medical negligence resulting in a birth injury. 

Unfortunately MICRA has not changed or even increased since 1975 because of the difficulties of convincing the legislature to do so.  This includes a very powerful lobby against any kind of increases from the California Medical Association and California Hospital Association.  So the limitation on non-economic damages in California has basically resulted in decreased value of pain and suffering and emotional distress since 1975, however the cost of increased medical care has increased so much and so dramatically since 1975 that the economic damages which have not been limited in California still result in very sizable damages for victims of medical malpractice, especially when we are talking about the cost of future medical care.  

A birth injury victim with severe cerebral palsy will likely require 24 hours a day, 7 days a week medical care for his or her entire life time.  This may require a full time care giver to handle everyday activities from feeding to bathing to dressing.  Also this victim will likely require expensive medical care and treatment for the rest of his or her life.  The amount of care and resources for a victim like this may be well into the millions of dollars over his or her lifetime.  In addition to medical care, there is the amount of lost wages a victim of medical malpractice loses for a lifetime of being out of work.  This is why a victim of medical malpractice in California may receive a multi-million dollar verdict or settlement, when the cap on medical malpractice awards for non-economic damages is $250,000 maximum recovery.