Legislative Victories

California has led the nation by implementing effective medical liability reform. The situation in California is now far better than in most other states. Over 30 years ago, the California legislature addressed a medical liability crisis with tort reform legislation that has since proved very effective at controlling the costs of litigation in the healthcare system. California's MICRA has been a model for tort reform nationwide, both in other states and at the federal level. However, many states currently experiencing a medical liability crisis have not yet enacted reform, and other states with some reform have not gone far enough to prevent problems from emerging. Limits on Non-Economic Damages: Non-economic damages in a claim against a health care provider for medical negligence are limited to $250,000. Economic damages, such as lost earnings, medical care, and rehabilitation costs, are not limited by statute. California Civil Code Section 3333.2.  Click here for an overview of rate comparisons in CA and other states for 2011.

 

 

 

 

Despite numerous vetoes from the governor, 2009 produced significant, if incremental, changes to laws affecting the practice of medicine in California. With the health system reform debate now centered in Congress, state policymakers directed much of their attention to discrete issues impacting patient access to healthcare, the role of allied health professionals, medical records and privacy, physician licensing and discipline, patient safety, and professional liability.