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Medical malpractice claims in California are governed by a 1975 statute commonly referred to as The Medical Injury Compensation Reform Act of 1975. It is known simply as MICRA. MICRA has procedural and substantive provisions that must be followed in every medical malpractice claim.
Initially, the medical records must be reviewed by a specialist for the purpose of determining whether the healthcare complied with the applicable standard of care. If there has been a deviation from the standard of care, a follow-up opinion is required to establish the deviation in the standard of care to a reasonable certainty harmed the patient.
Under California law, medical malpractice victims are entitled to recover their full economic losses, which would include past and future medical expenses as well as lost wages, past and future. The general damages, however, are capped at $250,000. No matter how great the injury or suffering, those damages are limited to $250,000. Hopefully, at some point, this unfair legislation will be revised to level the playing field for patients harmed by the healthcare community.
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If you have suffered an injury you suspect was the result of negligence by a healthcare provider, please contact Padilla Law Group, LLP, today for a free consultation. Keep in mind in California, the time to file a medical malpractice lawsuit is only one year from the date you knew or reasonably suspected you had been harmed by medical negligence. There are longer periods for minors and some tolling provisions that could extend this deadline, but time is of the essence.