Governor Newsom Signs Legislation to Modernize California’s Medical Malpractice System
California Gov. Gavin Newsom has signed into law a measure to modernize the state's medical malpractice system. Assembly Bill 35 was introduced by Assembly Majority Leader Eloise Gómez Reyes and State Senator Tom Umberg and co-sponsored by the Consumer Attorneys of California and Californians Allied for Patient Protection. "After decades of negotiations, legislators, patient groups, and medical professionals have reached a consensus that protects patients and the stability of our health care system," Newsom said. The legislation makes two key changes to the nearly 50-year-old Medical Injury Compensation Reform Act (MICRA) by restructuring the law's limit on attorney fees and increasing MICRA's limit on noneconomic damages. The new law expands the $250,000 limit on non-economic damages in medical malpractice cases. The legislation sets two separate limits, based on whether a wrongful death claim is involved or not, and allows for future increases to keep up with inflation. Additionally, while the old law put limits on the contingency fee an attorney could contract for or collect, the new legislation links tiered fee limits to the stage of the representation at which the sum is recovered. Further details about the new bill are available here.
Read more on CA.gov.