California's MICRA Law Gets a Major Update: What It Means for Medical Malpractice Victims

California’s Medical Injury Compensation Reform Act (MICRA) has undergone a significant update, marking a crucial shift in the legal landscape for medical malpractice action in California . Effective January 2023, this MICRA update brings new hope for victims of medical negligence seeking fair compensation.

MICRA, originally enacted in 1975, was enacted to address rising medical malpractice insurance costs by capping non-economic damages in medical malpractice cases to $250,000. For nearly 50 years, this cap remained unchanged at $250,000, despite significant changes in the cost of living and healthcare landscape.

The new update to MICRA introduces several key changes:

1. Increased Cap on Non-Economic Damages: The most notable change is the increase in the cap on pain and suffering damages from $250,000 to $350,000 for cases not involving a patient death, and $500,000 for cases involving a patient death.
2. Incremental Increases: The law doesn’t stop at these initial increases. It includes provisions for further incremental increases over the next 10 years. For cases not involving death, the cap will rise by $40,000 each year until it reaches $750,000. For death cases, it will increase by $50,000 annually until it hits $1 million.
3. Multiple Caps: The new law allows for up to three separate caps in a single case, depending on the number of healthcare providers or institutions involved.  For example, in a case involving both a defendant hospital and a defendant physician, damages caps will apply separately to each defendant.
4. Cost of Living Adjustments: After the 10-year period of incremental increases, the caps will be adjusted annually by 2% for inflation.

These changes represent a significant step forward in recognizing the true impact of medical negligence on victims and their families. For medical malpractice victims, this means potentially higher compensation for pain and suffering, and a legal framework that better reflects the realities of modern healthcare and its costs.

Let’s address some key questions about this update and medical malpractice cases:

1. Do I have a valid medical malpractice case? At SHK Law, we conduct a thorough evaluation of your case, collaborating with medical experts to determine if negligence occurred and its impact on you.
2. How will the MICRA Update affect my compensation? The increased cap means potentially higher compensation. SHK Law’s strategic approach leverages these changes to maximize your recovery.
3. What’s the deadline for filing a medical malpractice lawsuit in California? Time is critical. California has strict deadlines, and evidence can disappear quickly. SHK Law acts swiftly to preserve crucial records and build your case.
4. Can I sue a hospital or just individual healthcare providers under the new law? Both can be held accountable. SHK Law’s comprehensive approach investigates all potentially liable parties to ensure full accountability, and maximum recovery
5. How do I obtain and interpret my medical records in light of the MICRA Update ? SHK Law handles this process for you, knowing exactly what to look for to strengthen your case under the new law.
6. What types of damages can I recover under the updated California Medical Malpractice Law? You may be entitled to economic damages (medical bills, lost wages) and increased non-economic damages (pain and suffering). SHK Law fights for maximum compensation across all categories.
7. How long will my medical malpractice case take considering the new MICRA law? While every case is unique, SHK Law’s efficient processes and strategic litigation approach aim to resolve your case as quickly as possible without sacrificing the quality of the outcome.

SHK Law’s unique approach to medical malpractice cases has won clients millions in damages. 

Our strategy includes swift action to preserve evidence and collaboration with top medical experts. We focus on comprehensive case building, unwavering dedication to uncovering the truth, and strategic litigation preparation. 

This multifaceted approach ensures we’re always one step ahead in fighting for our clients’ rights and compensation. Our track record speaks for itself:

• 50+ Combined Years of Experience
• 99% Success Rate
• Over $350 Million Secured for Our Clients
• No Upfront Costs: Free Consultation, Contingency-based Fees

Want to Know if You Have a Case?

Get a free case evaluation today. Act now: Our experienced attorneys will fight to hold negligent medical providers accountable.

Don’t let time slip away – strict legal deadlines apply to malpractice claims.