Higher Cap on Medical Damages Proposed in California


Last Updated on: 7th February 2019, 10:11 am

New legislation is being proposed in California for a higher cap on medical damages. The Troy and Alana Pack Patient Safety Act is expected to appear on the ballot in November. The act also requires physicians to check a statewide prescription-drug database before giving patients medication. In addition, physicians will be expected to report colleagues suspected of medical negligence or impairment by drugs or alcohol.

Currently under California law, non-economic damages are capped at $250,000. The California Civil Code defines non-economic damages as “subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.”

The current cap number is based on the Medical Injury Compensation and Reform Act (MICRA) of 1975. This act was signed into law by Governor Jerry Brown during his first term in office. In the 38 years since, it has never been readjusted for inflation, and has no provision to do so. Although juries are still able to award damages in excess of the $250,000, the amount is capped in the final settlement and the injured parties will only receive compensation up to, and not beyond, the capped number.

If the act passes in November, it will go into effect beginning January 1, 2015. The new cap will be calculated based on inflation of the original cap, and is expected to equal approximately 1.1 million. The new cap would then continue to increase yearly, based on inflation reported by the United States Bureau of Labor Statistics’ Consumer Price Index.


To view the full act click here: http://www.consumerwatchdog.org/resources/troyandalanapackpatientsafetyactof201400202344.pdf

About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others.

Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.

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Attorney Bill Berman

William M. Berman, Esquire
Berman & Riedel, LLP
12264 El Camino Real, Suite 300
San Diego, California 92130
ph: (858) 350-8855
fax: (858) 350-9855
web: www.bermanlawyers.com