Two National Tort Reform Proposals:
Proposed National MICRA Statute vs. HR 5 (2003 Greenwood Bill)
[Posted 02/21/03]

It appears that the starting point for the language for the two bills discussed below was the same model federal MICRA bill. However, the CMA-supported "pure MICRA" bill replicates MICRA and current California medical liability tort law, whereas the Greenwood bill goes beyond MICRA. They are similar as to most key MICRA provisions, with some notable exceptions, specifically related to limitations on punitive damages and defendants to whom the law applies. The "pure MICRA" language (which CMA hopes will be adopted by Senator Feinstein) does not place a monetary limit on the recovery of punitive damages.The Greenwood bill limits punitive damages to $250,000, or 2.5 times the amount of economic damages, whichever is greater. The Greenwood bill limits recovery against health care plans and product liability defendants as well as health care providers; the CMA language does not reference health plans or product liability defendants and limits the Act to health care providers and medical groups.