Under the Medical Injury Compensation Reform Act of 1975, California caps pain and suffering awards in medical malpractice cases at $250,000 regardless of how many healthcare providers are found negligent, the Los Angeles Times reports. If the cap had been adjusted annually for inflation, it would now be $1.3 million.
Under Assembly Bill 35, the amount patients can be awarded for pain and suffering will increase to $350,000, effective for cases filed on or after Jan. 1. That amount will incrementally increase over a 10-year period to $750,000. In cases involving a patient’s death, the cap on pain and suffering awards rises to $500,000 on Jan. 1, increasing to $1 million over the next decade.
After 10 years of increases, the cap will be annually adjusted by 2 percent.
The new legislation also means a patient is eligible for up to three payments in lawsuits involving multiple physicians, nurses or hospitals. One payment would be linked to a doctor or nurse’s negligence, another for that of a hospital, and a third payment will be permitted for pain and suffering in rare cases involving a separate, unaffiliated provider, which brings the potential total award to $1.5 million.
Mr. Newsom’s signature on AB 35 averts a ballot measure set for November to overhaul MICRA.
Becker’s 3rd Annual Fall Chief Pharmacy Officer Summit is the top tier event that the people leading the future of pharmacy convene. This 3-day event is built specifically for Chief Pharmacy Officers and senior pharmacy leaders. The sessions examine the workforce, financial and clinical priorities shaping pharmacy today. Becker’s is where candid discussions flourish and new ideas thrive. Becker's 3rd Annual Fall Chief Pharmacy Officer Summit
