Health Care & Hospital Law,
Insurance,
Torts/Personal Injury
May 18, 2023
MICRA re-do; a redux or retread?
The basic laws of economics inform us that the imposed MICRA caps reduce the incentive of doctors to be careful or to avoid malpractice lawsuits.
The California Legislature enacted its Medical Injury Compensation Reform Act (MICRA) in 1975. Long before MICRA’s enactment, there was heated debate whether the public was better served by the application of basic principles of tort law to medical malpractice lawsuits or by doctors receiving special protection in such lawsuits by the imposition of a limit on recovery for non-economic damages such as pain, suffering, emotional distress or mental anguish. MICRA impose...
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