March 2009
The Constitutionality of Tort Reform Damage CapsA Look at California’s 25-Year-Old Statute and the Arguments For and Against. Part One of a Two-Part Article
By David M. Axelrad and David S. Ettinger
Recently, there have been indications that plaintiffs in California medical malpractice actions may renew a constitutional attack on the provisions of the Medical Injury Compensation Reform Act (MICRA), the tort reform legislation that has governed medical malpractice litigation in California for nearly 25 years. The focus of these recent attacks is MICRA’s $250,000 limit on noneconomic damages.
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