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MICRA Rules
Since 1976, health-care-provider defendants have been protected by the Medical Injury Compensation Reform Act (MICRA). Such defendants include physicians, nurses, chiropractors, dentists, mental health professionals, pharmacists, etc. CCP § 340.5(1)
The time-frame for investigating a potential law suit is extremely short. Generally, an adult plaintiff must file suit within one year from "discovery" of an injury and within three years from injury. CCP § 340.5 Each MICRA defendant must also be given 90 day's notice of intent to sue before the claim is filed. CCP § 364(a)
Regardless of how badly a person is hurt, defendants cannot be forced to pay more than $250,000 for pain and suffering. Civ.C. § 333.2(b) Punitive damage awards are extremely rare. The initial complaint cannot mention punitive damages. A separate motion must be made within 2 years of the filing date or 9 months before the first scheduled trial date (whichever is earlier) to demonstate a "substantial probability that the plaintiff will prevail on the claim." CCP § 425.13
MICRA provides that damages over $50,000 must be paid in periodic payments over the life of the victim. CCP § 667.6 This can be a disadvantage to the victim if the annuity is much cheaper than a lump-sum recovery would be.
Attorneys' contingency fees are restricted to 40% of the first $50,000 recovered. 33.3% of the next $50,000, 25% of the next $500,000 and 15% of everything over $600,000. Bus&Pro C. § 6146
Repeated efforts to adjust the damage limits have failed because of the strength of lobbyists for healthcare interests. Such MICRA restrictions make it increasingly hard for injured patients to find contingency-fee lawyers that are willing to prosecute medical malpractice actions.
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