Capping Non-Economic Awards in Medical Malpractice Trials: California Jury Verdicts Under MICRA

Assesses the impact of MICRA’s limits on plaintiffs’ awards and attorneys’ fees on final judgments in medical malpractice cases A model for limits on trial awards and attorneys’ fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at USD250,000 and limits plaintiffs’ attorney fees. The authors examine the effects these limits have on both plaintiffs’ awards and defendants’ liabilities.