Medical Injury Compensation Reform Act - How MICRA Affects Victims of Medical Malpractice

In 1975, with the help of strong lobbying effort by doctors and medical professionals, the Medical Injury Compensation Reform Act or MICRA was passed. Prior to the passing of this legislation, doctors created the perception that medical malpractice lawsuits were out of control and lawsuit damages needed to be limited. MICRA places a limitation of $250,000 on non-economic damages in medical malpractice lawsuits, including emotional distress and pain and suffering. Unfortunately, as the cost of living has increased dramatically since 1975, MICRA has never increased the amount of non-economic damages to reflect this value; therefore, a $250,000 verdict awarded in 1975 would be worth less than $75,000 today.

Although MICRA creates a challenge to the victims of medical malpractice in California, there are states that create even greater restrictions on what a victim can recover. Colorado caps total damages at $1 million with no more than $250,000 attributable to non-economic damages. However, the court may increase this cap if it finds future economic damages will exceed this amount. Virginia limits the total amount a victim of medical malpractice can recover for economic, non-economic, and punitive damages to $2 million. Some other states have various restrictions as well.

In comparison to states that cap total damages, including a cap on economic damages, California's MICRA doesn't seem quite as restricting in that context. MICRA does allow for unlimited recovery for economic damages, including medical care and lost wages. If the victim of medical malpractice happened to be a birth injury victim with a serious and permanent injury, such as a paraplegic or a victim with cerebral palsy, a lifetime of medical care and lost wages could amount well into millions of dollars. Costs may include a 24 hour a day caregiver, therapy, operations, medication, and doctor visits. When the child matures into an adult, these costs continue throughout the rest of the person's life.

The Law Offices of Dr. Bruce G. Fagel & Associates only handles medical malpractice cases and has helped many victims of medical malpractice receive multi-million dollar settlements to cover a lifetime of quality medical care they need to survive and live a healthier and more fulfilling life. This is why it is critical for the victim or the family of the victim of medical malpractice to find an attorney who understands medical malpractice and has a strong track record winning verdicts and settlements in this area. In addition to being a leading medical malpractice attorney, Dr. Fagel is also a licensed medical doctor, so he understands exactly where medical malpractice takes place and how to obtain the maximum settlements for his clients.