In 1975, the legislature of California passed the Medical Injury Compensation Reform Act (MICRA). The Act was in response to a threatened doctors’ strike, which would have left California without vital medical care. The physicians complained that their medical malpractice insurance premiums had doubled and tripled that year.
The insurance companies claimed the raised premiums were a result of increased medical malpractice verdicts. The real truth was to recover losses from failed stock markets, insurance companies increased their premiums. In effect, MICRA limited how much can be awarded to Plaintiffs in a medical malpractice lawsuit.
Despite limitations that have been placed by MICRA, our attorneys at Corsiglia, McMahon & Allard, L.L.P. continue to successfully recover significant compensation for our clients. Contact us today to initiate a medical malpractice claim.
Prior to 1975, juries were free to award any amount of general damages deemed appropriate to the injury of the victim. However, since 1975, MICRA restricts general damages in all medical malpractice cases to a maximum of $250,000. MICRA also placed limitations on attorneys’ fees for medical malpractice cases unlike other personal injury cases.
Despite these limitations, plaintiffs may seek compensation for economic damages (wage loss, medical expenses, etc.) and general damages (pain and suffering). Our attorneys will aggressively pursue all available damages for you and your family.
Our attorneys can assist you in pursuing the following medical malpractice claims:
- Birth Injuries
- Brain Injuries
- Misdiagnosis and Delayed Diagnosis
- Nursing Home Negligence & Abuse
- Medication Errors
- Wrongful Death
- Defective Medical Devices
- Kaiser Cases
Do not let the Medical Injury Compensation Reform Act deter you from seeking compensation for your injuries. Contact us online or call our aggressive San Jose medical malpractice lawyers today at (408) 289-1417 to schedule a complimentary consultation regarding your case.