Injured San Diego Patients Deserve MICRA Reform
Doctors, like anyone, are not infallible. Every day, thousands of San Diegans put their trust, their bodies, and their health in the hands of doctors. Fortunately, there are many fine and skilled doctors in San Diego. However, that does not prevent incidents of medical malpractice from occurring--some of which result in lifetime injuries or death.
What most people do not realize is that doctors, unlike almost any other profession, are protected by a damages cap. Since 1975, California law has limited non-economic damages (e.g., pain and suffering) to $250,000. Under this law, NO medical malpractice victim's pain and suffering can be compensated more than this amount.
In 1975, the California legislature enacted the Medical Injury Compensation Reform Act (MICRA) installing this cap and also other protections for doctors found to have committed malpractice. So, for 33 years the cap has remained $250,000--despite the fact that $250,000 in 1975 dollars is now worth $1,012,500! From January 1975 to January 2008, the annual rate of inflation has been 4.33% and $4.05 in 2008 dollars will buy the same as $1 in 1975.
Why hasn't MICRA kept pace with inflation? One reason is that the legislature failed, and continues to fail, to provide a cost of living adjustment (COLA) for MICRA even though COLAs are included in a variety of laws, contracts, and almost any other long-term financial arrangement.
The failure to increase the MICRA cap limit is all the more insulting when one considers that California MICRA is the blueprint upon which other states have enacted medical malpractice damage caps. However, most states have introduced such limits with higher caps--typically $300,000 or more. Other states have reexamined their damage caps and sought, against strong Republican opposition, to raise the cap after recognizing that the current cap is too low.
We are generally against any type of damage cap. Everyone's case is different and there is no rational explanation for the legislature's stance that NO medical malpractice victim is entitled to more than a certain sum for pain and suffering. That is a jury question, a question for members of our community to decide.
However, if a cap is going to exist, it should include a COLA increase and keep pace with inflation. Since the legislature determined that the appropriate cap in 1975 was $250,000, our office strongly recommends that cap should be $1,000,000 in 2008 and adjusted annually for inflation.
