Runaway litigation has made professional liability insurance unaffordable and even unavailable in many states. As a result, a growing number of physicians have been forced to limit services, retire early, or flee litigious regions altogether. California physicians, however, have been largely unaffected, thanks to MICRA, a professional liability reform law that allows full recovery of economic damages (including lost earnings, medical care, and rehabilitation costs), but caps noneconomic damages at $250,000. Senator Dianne Feinstein (D-CA), after a year of thoughtful discussions with CMA, announced her plans to sponsor a national version of California’s MICRA.

Sen. Feinstein has taken a very courageous step. Lobbyists for the trial attorneys have already slammed her with thousands of phone calls and have launched a negative press and misinformation campaign in response to her announcement. The trial lawyers are out in full force trying to convince Senate Democrats to oppose Sen. Feinstein’s bill.

The White House supports Sen. Feinstein’s efforts. Unfortunately, without some strong Democratic support, the Senate Republicans—even with the President’s recent advocacy—cannot realistically pull off the kind of reform we need. CMA is working with other state medical societies to urge Senate Democrats to follow Feinstein’s lead.

CMA asks physicians to contact Sen. Feinstein to thank her for having the courage to take the Democratic lead in the effort to achieve national tort reform. Physicians should also ask their friends and colleagues in other states to contact their senators and tell them how important a national MICRA would be to the stability of the nation’s health care system. These friends and colleagues should urge their senators not to be fooled by the trial lawyers’ misinformation campaign, but rather to call Sen. Feinstein for more information on how successful MICRA has been at keeping malpractice insurance costs in check in California.

Contact Information:
http://feinstein.senate.gov/email.html
Phone: 202/224-3841
Fax: 202/228-3954

If the D.C. lines are busy, please try one of Sen. Feinstein’s California district offices:

San Francisco
Phone: 415/393-0707       
                                                                      
Los Angeles
Phone: 310/914-7300

San Diego
Phone: 619/231-9712

Fresno
Phone: 559/485-7430

Information: CMA Government Relations at 916-444-5532 or rsmith@cmanet.org