Like many states, California has legislation in place limiting the amounts medical malpractice claimants can recover in noneconimic damages (pain and suffering).
The Constitutionality of Tort Reform Damage Caps
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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