MICRA Archives - Medical Malpractice Lawyers

California Supreme Court Holds Medical Malpractice Laws Do Not Apply In Ambulance Crash Case

September 12, 2025

The Supreme Court of California stated in its July 31, 2025 Opinion: “We granted review in this matter to decide whether the statute of limitations for medical professional negligence claims within the Medical Injury Compensation Reform Act (Code Civ. Proc., § 340.5)1 applies to an action for[...]

It’s Official: California Governor Signs Into Law Medical Malpractice Reforms That Benefit Victims

May 26, 2022

On May 23, 2022, California Governor Gavin Newsom signed AB 35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The legislation was supported by consumer groups, trial attorneys, health care insurers, and health care providers, marking the end to [...]

Medical Malpractice Caps Result In 16% Increase In Adverse Events

May 11, 2022

A policy paper published in May 2022 entitled The California Malpractice Cap on Noneconomic Losses: Unintended Consequences and Arguments for Reform stated, “the introduction of caps on noneconomic damages are associated with a 16% increase in adverse events. Given this, it is likely that repe[...]

Agreement Reached To Increase California’s Cap On Noneconomic Damages In Medical Malpractice Cases

April 29, 2022

Facing a ballot initiative this November that if approved by the voters would increase California’s noneconomic damages cap in medical malpractice cases in the current amount of $250,000 that has remained at that level for almost fifty years, it was announced earlier this week that a new conse[...]

California Supreme Court Rules $250K MICRA Cap On Noneconomic Damages In Medical Malpractice Cases Applies To Physician Assistants

February 26, 2022

In its opinion dated February 24, 2022, the Supreme Court of California (“California Supreme Court”) held that California’s $250,000 cap on noneconomic damages in medical malpractice cases “applies to a physician assistant who has a legally enforceable agency relationship wit[...]

California Medical Association Responds To Efforts To Lift Caps On Damages In Medical Malpractice Cases

February 9, 2022

Since 1975, California’s cap on noneconomic damages in medical malpractice cases has remained at $250,000. What that means is that the most egregiously and seriously injured victims of medical malpractice in California will not receive compensation in excess of $250,000 for their pain and suff[...]

California Appellate Court Refuses To Overturn MICRA Cap

June 19, 2015

In its decision filed on June 9, 2015, the Court of Appeal of the State of California First Appellate District (“Appellate Court”) refused to overturn a lower court’s ruling that reduced a California medical malpractice jury’s verdict for noneconomic damages from $1 million t[...]

California Appellate Court Says Fall On Wet Floor Not Medical Malpractice

May 3, 2015

In a case decided on April 23, 2015, the Court of Appeal of the State of California Fourth Appellate District Division Three (“Appellate Court”) determined that a hospital patient’s claim of negligence involving her slip and fall on a recently mopped floor that lacked warning s[...]

Consumer Watchdog Asks California Supreme Court To Accept Case Challenging Medical Malpractice Cap

December 1, 2014

In a letter addressed to Justices of the California Supreme Court dated November 18, 2014, the consumer advocacy group Consumer Watchdog has requested that the California Supreme Court agree to review a case in which the California medical malpractice cap on noneconomic damages is challenged, adv[...]

What Is California Proposition 46?

August 13, 2014

The so-called California Proposition 46 (“Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative”) is on the November 4, 2014 ballot in California after being certified on May 15, 2014 by the California Secretary of State. The proponents of California 46 had submitted ap[...]

Appeal Challenges California’s Medical Malpractice Cap On Noneconomic Damages

July 6, 2012

In 1975, California enacted a law known as The Medical Injury Compensation Reform Act (“MICRA”) that limits noneconomic damages (pain and suffering, mental anguish, etc.) for death due to medical malpractice to $250,000. MICRA also requires notification to possible medical malpractice d[...]

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