Court Upholds Medical Liability Damages Cap

Share this content:
Court Upholds Medical Liability Damages Cap
Court Upholds Medical Liability Damages Cap

TUESDAY, July 7, 2015 (HealthDay News) -- The non-economic damages cap under the Medical Injury Compensation Reform Act (MICRA) has been upheld again in a California court of appeal, according to a report published by the American Medical Association.

The plaintiff in Chan v. Curran tried to prove that the non-economic damages cap under MICRA should be struck down, claiming it was unconstitutional.

According to the report, the plaintiff claimed that MICRA was put in place to tamp down California's medical liability insurance crisis in the 1970s, but that crisis no longer exists; this argument was rejected by the court. In addition, the plaintiff claimed that the noneconomic damages cap discourages attorneys from taking cases on contingency, thereby limiting access to the courts; the court held that parties are not guaranteed the right to counsel in civil cases. The court also rejected the argument that MICRA interferes with the right to a trial by jury, based on the results of previous cases.

"All of [Chan]'s arguments…are ultimately grounded on the assertion she is entitled to seek noneconomic damages sufficient to cover attorney fees," the court said in its opinion. "No California court has ever endorsed such a proposition…it is contrary to many well-established legal principles."

More Information

Share this content:

is free, fast, and customized just for you!




Already a member?

Sign In Now »

Drug Lookup

Browse drugs by: BrandGenericDisease



Sign up for myCME e-newsletters




More in Home

Greater Satisfaction With Autologous Breast Reconstruction

Greater Satisfaction With Autologous Breast Reconstruction

And, likelihood of complications up for autologous reconstruction versus expander-implant technique

No Causal Effect of 25(OH)D on Gestational HTN, Preeclampsia

No Causal Effect of 25(OH)D on Gestational HTN, ...

No significant correlations identified in one-sample or two-sample mendelian randomization analyses

Valuing Gluten-Free Food Tied to Better Dietary Intake

Valuing Gluten-Free Food Tied to Better Dietary Intake

But young adults who do so also more likely to engage in unhealthy weight control behaviors

is free, fast, and customized just for you!




Already a member?

Sign In Now »