CMA defeated a last minute attempt by the trial lawyers to undermine the Medical Injury Compensation Reform Act (MICRA), California’s landmark medical liability reforms. The bill would have artificially inflated medical expense damages in a malpractice case to the retail price of medical services provided rather than the actual expense to the injured party, thereby inflating the award and increasing the attorney’s fee. The impact of this would be increased medical malpractice insurance premiums. CMA’s advocacy was enhanced by phone calls from physicians to legislators and coordinated opposition by Californians for Patient Protection (CAPP), a coalition of medical malpractice insurance carriers, health care organizations and public and private public health care agencies.  The legislation – SB 1528 (Steinberg) – was defeated on the Assembly Floor by a convincing vote of 13 (for) and 43 (against).

Another bill that would have increased medical malpractice litigation – AB 1062 (Dickinson)was amended in the last week of session to lower the standard of evidence in elder abuse cases.  It was defeated on the Senate Floor by a vote of 16 (for) and 22 (against). 

Thank you to members who responded on short notice to contact your elected representatives in Sacramento.  Please contact the ACCMA at 510-654-5383 if you have any questions.