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California's MICRA Cap Sets Model for the Nation
President George W. Bush this morning challenged the legislature to pass a national malpractice liability cap, citing California’s MICRA as a national model. In arguing for a nationwide cap, Bush said that the states' failure to adopt liability limits is damaging the nation's health care system and costing billions of dollars in higher health costs. The Republican-controlled U.S. House of Representatives passed a MICRA-like tort reform bill last year, but the bill never made it to the Democratic-led Senate floor for a vote. Immediately following the President’s speech, U.S. Senator Dianne Feinstein (D-California) announced that she was introducing legislation that would create a national version of California’s MICRA law, which caps noneconomic damages at $250,000. "Senator Feinstein made a pledge to us during our trip to Washington, D.C., last week, that she would carry a MICRA bill in the senate this year," says CMA CEO Jack Lewin, M.D. "CMA is thrilled that Senator Feinstein is providing leadership on the Democratic side to balance the President’s challenge." While President Bush proposed that the national version also cap punitive damages, Sen. Feinstein’s bill will be a "pure MICRA" legislation. "By not including a punitive damages cap, Senator Feinstein feels that it will be easier to get support in the senate from moderate Democrats," says CMA CEO Jack Lewin. The reality is that the contribution of punitive damages has not been significant in California, in terms of malpractice rates. They are very hard to plead, and are only allowed in the most egregious circumstances." CMA advocates and MICRA provides prompt payment to patients for their injuries and adequate funds to cover all future medical expenses, rehabilitation, and lost wages, as well as limited damages for pain and suffering. Please contact Sen. Feinstein and thank her for her leadership on this issue and let her know that California physicians support her effort to create a $250,000 national cap on non-economic damages. Senator
Dianne Feinstein (D - CA)
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