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California Courts of Appeal

Mar. 10, 2015

Defeated at the polls, malpractice payout cap foes try again in the courts

Tort lawyers keen to raise the medical malpractice payout cap have been skunked at the polls and frozen out by the state Legislature. So they're again taking their case to the courts, arguing the law is unconstitutional.


By John Roemer


Daily Journal Staff Writer


SAN FRANCISCO - Tort lawyers keen to raise the medical malpractice payout cap have been skunked at the polls and frozen out by the state Legislature. So they're again taking their case to the courts in another effort to argue that the $250,000 limit on pain and suffering damages is unconstitutional on due process and equal protection grounds.


The law they loathe, the 1975 Medical Injury Compensatio...

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