Listen to the Podcast Here: https://anchor.fm/nation-state-of-play/episodes/Nick-Rowley—Californias-Regressive-Malpractice-Damages-Cap-e16d8tq
Jury Trial Lawyer, Nick Rowley, is featured on the Nation State and Play podcast to discuss the California medical malpractice cap (MICRA -1975 law) that caps the value of life at $250,000 regardless of the injury.
The 3rd leading cause of death in California is medical malpractice. MICRA is a one size fits all cap of $250,000 for anyone harmed by medical malpractice. MICRA was enacted with the understanding that the insurance industry would reduce insurance premiums. This is not the case. Insurance premiums increased and continue to increase today. This saves multi-billion dollar insurance companies money and costs American Citizens more money.
MICRA: the most regressive medical negligence law in US history. It has not changed since 1975. Eliminating MICRA would improve the State of California’s healthcare by holding medical professional accountable for their negligent work. Elimination would not cost medical professionals anything. It would cost multi-billion dollar medical malpractice insurance companies money when they pay out to injured individuals on the behalf of a negligent medical professional when this negligence causes harm.
How do we eliminate MICRA? Vote.
Nick is fighting to pass the Fairness for Injured Patient Act (FIPA). FIPA would raise the Med Mal cap in California to $1,200,000 to reflect inflation. FIPA would better help those who have been harmed by medical malpractice and are in need of financial assistance due to this harm.
FIPA also allows jurors and judges to be informed of the cap. If they decide an injured party deserves more than the cap, they can practice their civil right to award the plaintiff above more than the cap.