Scroll below for the latest MICRA news and other MICRA-related information.
In 2014, trial lawyers sponsored an anti-MICRA initiative that appeared on the November 2014 ballot called Proposition 46. Prop. 46 is a deceptive initiative that contains a number of unrelated provisions designed to mislead and deceive voters. Prop. 46 would weaken the Medical Injury Compensation Reform Act (MICRA), California's model medical malpractice reform law that keeps malpractice rates in California stable by limiting noneconomic damages in malpractice awards while providing unlimited economic and punitive damages.
On November 4, 2014, the voters of California spoke loudly and definitively to defeat Prop. 46. According to the Secretary of State’s current results, 67% of California voters said no to the trial lawyers’ deceitful proposition, and only 33% said yes. Locally, 63% of Alameda County voters said no and only 36% said yes, and 65% of Contra Costa County voters said no and only 35% said yes.
This victory is a testament to the effectiveness of professional medical associations, which have steadfastly defended this assault on California’s tort reform – Medical Injury Compensation Reform Act (MICRA) – to preserve access to care and the ability of physicians to serve their patients.
The California Medical Association (CMA) was masterful in its response to trial lawyer vitriol, ensuring that our State Legislators and the public understood the ruse the trial lawyers were running and the consequences that their self-serving proposal would have for Californians. CMA also effectively brought together one of the largest and most diverse coalitions ever amassed against a statewide proposition, from organized labor to the Chamber of Commerce, the ACLU, California NAACP, Planned Parenthood, local governments, taxpayer organizations, and on and on. CMA engaged editorial boards and political parties on both s ides of the aisle to understand the terrible consequences of Proposition 46 and oppose it.
Locally, the ACCMA engaged physicians, who were instrumental in conducting an effective grassroots effort to inform patients and the general public of why to vote no on Prop. 46, and ACCMA representatives engaged in numerous public forums to convey that message. And the doctor-owned professional liability carriers in California, borne out of the ashes of a malpractice crisis in 1975 that sent malpractice awards skyrocketing to the point of forcing physicians to stop practicing medicine, provided instrumental support for the campaign along with numerous health care organizations throughout the state.
The medical profession should pat itself on the back for its role in the success of this campaign to defeat Prop. 46, and for investing in the medical associations so that they could do what they exist to do: promote health care access, quality of care, and be the voice of the medical profession on behalf of the patients they serve.
Contact the ACCMA at 510-654-5383 or firstname.lastname@example.org with any questions or to find out how you can get involved to support the "No on 46" campaign.
Official MICRA Campaign Website (Patients, Providers and Heathcare Insurers to Protect Access and Contain Health Costs)
CMA MICRA Webpage
Californians Allied for Patient Protection
Medical Liability Claim Frequency
AMA Support for Federal Medical Tort-Reform Bill
Court Ruling on Future Damages Under MICRA
CMA Receives Profile of Excellence Award for Prop. 46 Campaign
Prop. 46 Soundly Defeated
Today is the last day to request a lawn sign!
No on 46 Lawn Signs and Labcoat Cards Still Available – Request Yours Today
Recent Poll Numbers Highlight Our Central Challenge: Getting Our Message Out
Help Us Defeat Prop. 46 through Facebook!
Los Angeles Times Opposes Prop. 46 as "Flawed"
Every Major Newspaper in California is Opposing Prop 46
Vote Early: Absentee Ballots are in the Mail
No on Prop 46 Lawn Signs Available – Request Yours Today
Trial Lawyers to Attack Physicians in Bay Area 'Yes' on 46 Ads
S.F. Chronicle Takes the Position of "No" on 46
Recent Prop. 46 Field Poll Numbers Released
Bay Area Newspapers Oppose Prop. 46
Coalition Opposing Prop. 46 Continues to Grow
Release of Early Prop. 46 Field Poll Numbers
"No on 46" TV and Radio Ads are Running Statewide
Los Angeles County Democratic Party Comes Out in Opposition to Prop. 46
First "No On 46" Campaign Video Released
California Democratic Party to Remain Neutral on Prop. 46
CMA Files Brief to Protect MICRA in Court Challenge
Anti-MICRA Ballot Measure is Prop. 46
CMA Files Supreme Court Brief Defending MICRA's Constitutionality
No on 46 Coalition Adds Teachers, Labor, NAACP and More
CMA Defends Constitutionality of MICRA
California School Board Association Joins Coalition to Protect MICRA
CMA Files an Amicus Brief in Case that Threatens to Circumvent MICRA
Coalition to Defeat MICRA Lawsuit Initiative Grows
MICRA Initiative Qualifies for November Ballot
Pledge Your Commitment to Protect MICRA
Labor Unions Join Opposition to MICRA Lawsuit Initiative
Report: CURES Provisions in MICRA Ballot Measure Cannot Be Implemented
Anti-MICRA Initiative Heads to November Ballot
Senate Pro Tem Introduces MICRA Legislation
More Hypocrisy from Consumer Watchdog
President Pro Tem Considering MICRA Legislation
MICRA Brochures Now Available in Spanish
CMA to Host MICRA Webinar - February 13
Save the Date: Legislative Day
ACCMA Membership Renewal Reminder
SF Chronicle Op-Ed on MICRA
MICRA Update: Time for Saber Rattling is Over
ACCMA to Host MICRA Town Hall
New MICRA Brochures Available for Your Patients
MICRA Coalition Hires Political Veteran for Campaign Manager
Court Confirms Constitutionality of MICRA
MICRA Update: Trial Attorneys Re-File Anti-MICRA Ballot Initiative
MICRA Update: Public Trust in Physicians an Asset in the Coming Fight
Appeals Court Affirms MICRA's Cap on Non-economic Damages
Sacramento Bee Publishes CMA Op-Ed on MICRA
Trial Lawyers File Ballot Initiative Attacking MICRA
Trial Lawyers Attacking MICRA Again
CMA Files Amicus Brief in MICRA Constitutionality Case
CMA Continues to Defend MICRA
Trial Lawyers Launch Assault on MICRA
Last Minute Attempts to Undermine MICRA Thwarted
Gov. Brown to Speak at CMA Legislative Day
Trial Attorneys Threaten to Challenge MICRA Again
The Medical Injury Compensation Reform Act of 1975 (MICRA) is California's nationally-acclaimed tort reform law. This section provides information on why MICRA must be protected, recent MICRA news, and access to additional MICRA resources.
MICRA is the centerpiece of affordable and accessible, high quality medical care in California and is an enduring public policy success. It ensures that patients suffering malpractice shall receive full and unlimited compensation for actual damages and, at maximum, an additional quarter-million dollars for non-economic damages and "pain and suffering." It contains meaningful and reasonable tort reform to reduce litigation and moderate its costs.
Prior to the MICRA reforms the cost of malpractice insurance in California was exceeded only by the cost for physicians practicing in New York City. Since MICRA’s passage the average national cost of malpractice coverage has increased by 854%, while California’s costs have risen only 287%. Current California malpractice insurance costs are in the lower half of rates among all states, and rates in Northern California are in the lower third among all states. In comparison to the states with the highest malpractice insurance premiums, none of which have MICRA reforms, rates in Southern California are about 40% of those rates, and rates for Northern California are almost half again lower than rates in Southern California.