TO ARMS! TO ARMS!
THE TRIAL LAWYERS ARE COMING!
THE TRIAL LAWYERS ARE COMING!
The Trial Lawyers have begun their long anticipated assault on the Medical
Injury Compensation Reform Act (MICRA) Assembly Member Sheila Kuehl, an
intelligent and effective legislator from 'Santa Monica, is introducing
a bill that will eliminate the $250,000 "cap" on non-economic
(pain and suffering) compensation awards in specific malpractice case".
Although we anticipate that Ms. Kuehl's bill will begin its legislative
journey in the Assembly Judiciary Committee, we want to stop this legislation
before it starts!
Therefore, in addition to the Members of the Assembly Judiciary Committee,
we want to contact every Assembly Member and ask them to lobby the Committee
on behalf of the "medical sanity" that the existing MICRA law
represents.
A Brief History
In 1975, the Governor called the Legislature into special session to solve
the malpractice crisis that threatened to destroy the delivery of quality
health care to Californians. Rising to the occasion, the Legislature created
MICRA to ameliorate this casts by:
(1) Creating the Medical Board of California to assure medical quality and
prevent malpractice suits;
(2) Establishing procedures to assure reasonable malpractice insurance rates;
and
(3) Reforming the way malpractice cases are conducted.
The result of this landmark tort reform is that health care services
remain available at affordable prices and that injured patients (not their
lawyers) receive fair and just compensation for their injures.
What does the Trial Lawyer Bill Do?
The Trial Lawyers are introducing a self-serving, hypocritical, and arguably
unconstitutional bill that does nothing to improve the health and welfare
of injured patients and will destroy the cornerstone of MICRA- the "cap"
on non-economic damages.
As set forth below, the Trial Lawyers' bill provides that the MICRA cap
would not apply where a trier of fact, such as a judge, finds one or more
of the following conditions:
(1) the health care provider consumed alcohol or illegal drugs which
impaired, in whole or in part, his or her ability to perform professional
services causing injury to the plaintiff.
(2) the health care provider has had three or more disciplinary actions
through the California Medical Board: has had his or her license revoked
or suspended, in whole or in part, for conduct, acts, or omissions at issue
in the subject action: or has had three or more adverse judgments against
him or her in the e past ten years for actions arising out of misconduct.
(3) the health care provider committed sexual abuse or misconduct upon
the plaintiff.
(4) an injury or death resulted from the health care provider's gross
negligence.
(5) the negligence or misconduct of the health care provider caused death.
(6) the health care provider negligently cause injuries to a child under
the age of fourteen.
The above-referenced sections are unnecessary as current law already
allows full compensatory recovery for an injury arising from such action-including
punitive damages where there is criminal conduct or gross negligence.
Clearly, this bill is designed to inflame-not help-the public, in an
effort to line the already deep pockets of the Trial Lawyers.
So, tell your legislator that there is no reason to fix this incredibly
fair and successful legislative act because it's not broken!
Let them know that this legislation is offensive and unnecessary
because currently, under MICRA:
- Money is available to pay damages because
every health provider can afford to buy insurance coverage;
- Patients injured through negligence get competent
attorneys to handle their cases instead of being subjected to greedy ambulance
chasers who live off nuisance suits;
- Risky but essential medical procedures continue
to be performed;
- Litigation costs are held down;
- Professional standards have been raised along
with the quality of care;
- The filing of non-meritorious suits which
unnecessarily clog the courts and cost taxpayers money are discouraged;
and
- Without MICRA, health care costs would be
dramatically higher.
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