Should the MICRA Cap for Pain and Suffering Be Adjusted?

Written by Adam Peck Category: Injury Law May 23rd, 2013 2 min read

Should the MICRA Cap for Pain and Suffering Damages in the State of California (compensation for preventable medical errors) of $250,000.00 passed nearly Four Decades Ago Be Adjusted For Inflation?

For 38 years the amount of compensation that can be received by a victim of preventable medical errors has been limited to $250,000 regardless of the severity of the injury or the degree of negligence. This is the result of a California law called MICRA, that was passed nearly four decades ago and has never been adjusted for inflation.

Efforts are beginning in Sacramento to correct this injustice and increase the amount of possible compensation to a level commensurate with today’s dollars. Since 1975, the cost of everything, has risen except for the value placed on the life of someone injured or killed by such preventable medical negligence.

The L.A. Business Journal is running a MICRA poll. If you click, the link for the May 22nd issue goes to the bottom right hand side. If you vote, vote your conscience. The wording of the poll is below, but go to the link to vote.

Thank you for your few minutes and start getting the message out there that MICRA must be changed..

READER POLL: Should the cap on medical malpractice awards be changed?

( ) No, it keeps the cost of health care down.

( ) Yes, low awards aren’t fair to those who have been harmed.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.