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.

34 minute read February 26, 2009 at 06:49 AM

David M. Axelrad And David S. Ettinger

Like many states, California has legislation in place limiting the amounts medical malpractice claimants can recover in noneconimic damages (pain and suffering).

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The Constitutionality of Tort Reform Damage Caps

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Real Property Law

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy