California Supreme Court Decision Preserves MICRA Cap

California Supreme Court Decision Preserves MICRA Cap

The California Supreme Court has sent a clear message that it will not be accepting arguments on the constitutionality of MICRA’s non-economic damages cap at this time.

The Court sent a case that had been pending prior to the election, challenging the constitutionality of the MICRA cap, back down to the appellate court. The case, Hughes v Pham, is a medical professional negligence case in which MICRA’s non-economic damages cap was applied. The plaintiff challenged the constitutionality of the cap but the Fourth District Court of Appeal upheld the cap as constitutional.

This is very good news for CPMA and other members of a statewide coalition that played a significant role in the November defeat of Proposition 46, an attempt to significantly increase the $250,000 cap on non-economic damages in medical malpractice lawsuits.

The constitutionality of MICRA’s non-economic damages cap remains intact.