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Health Care & Hospital Law,
Government

Apr. 28, 2022

Bill to raise MICRA cap introduced with major agreement

If the Legislature and governor approve AB 35, introduced Wednesday, the cap on injury will increase from $250,000 to $350,000. Over the next 10 years, this cap will increase to $750,000, according to the agreement. The cap on wrongful death cases will also immediately increase to $500,000 and will grow to $1 million in 10 years. Afterward, an annual 2% cost of living adjustment will be applied to both caps.

The Consumer Attorneys of California reached an agreement to increase the cap on compensation victims of medical malpractice can seek.

After decades of fighting with insurance companies and medical providers, and trying to get voters to agree to raise the cap through ballot measures, the plaintiff’ attorneys group successfully negotiated with medical providers to update California’s Medical Injury Compensation Reform Act of 1975.

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