What is MICRA? | Medical Malpractice Damage Caps

M I C R A – you don’t know it, but you have surrenderd your civil rights.

Yet another scam from Kaiser and Kaiser’s “purchased” legislature, How did this Proposition pass again in 2014? Making YOUR child or loved one only worth $250K? Something political hacks call “legislation”, it is just more bribes, favors, and dishonesty from California & Kaiser.

It’s money, not talent that get dirtbags re-elected year after year, union deals, Kaiser’s money, and lies in the propositions proposals – Like ” A Lawyer Money Grab”, A lawyer wrote the legislation !

Kaiser’s lawyers which includes the garbage disposal Xavier Becerra a self labeled Attorney General.

The union guidelines also helped greatly by throwing away their own constituents civil rights, but constituants never understand the proposals presented to them, they just do what they are told like sheep jumping off a cliff.

Xavier Becerra is the same Lawyer who is working side by side with the “arranged” governor Newsom to eliminate Proposition 13 and raise your property taxes, “a real money grab”.

What is MICRA? It is plainly a CAP or amount you can collect in a medical malpractice case – $250K.

Try getting a lawyer for that amount, you cannot, so they have eliminated lawsuits against the many low-end doctors at Kaiser and eliminate an entire field of law in one action.

Damage cap

Non-economic damages are limited to $250,000. Non-economic damages include claims for pain and suffering, loss of consortium, both of which permit the financial recovery for losing limbs, losing sight or hearing, the ability to walk, and all other losses that do not directly relate to economic losses.

Only two other states, Kansas and Montana, have a cap on non-economic damages in medical malpractice cases as low as California’s.

In 21 states and the District of Columbia there is no cap on medical malpractice damage awards. (That includes two states, Maine and Oregon, that have no specific cap on medical malpractice damages but have a cap on noneconomic damages in any wrongful death action.)

Six other states have no cap on medical malpractice damages under some circumstances. Florida joined that list in 2014 when the Florida Supreme Court struck down its cap on non-economic damages in medical malpractice cases involving wrongful death.

California law does not include any provision to adjust the cap for inflation, so it has remained at $250,000 since it was enacted in 1975.

Many victims of malpractice cannot find a medical malpractice lawyer in the defense of such a cap.

Seven states with a cap (Idaho, Maryland, Michigan, North Carolina, South Carolina, Virginia and West Virginia) have a statutory provision for increasing that cap over time, adjusting for inflation or other factors.

Time limits

It has a shortened statute of limitations for actions against healthcare providers.

Controversy

There is an argument that government regulation and restriction on jury awards in medical malpractice suits is detrimental to the public and primarily protects insurance companies.

The rationale behind this argument is that regulation of jury awards has substantially decreased

(1) the average amount of the award and

(2) the number of suits actually filed, but has not created a correlating decrease in malpractice insurance rates. (See RAND Report, supra.)

Thus, the benefit to the public is negligible, and I have not observed any savings over the last 25 years.

However, as a result of government regulation, juries may be prevented from awarding an amount that the jury feels is fair, but most of these filings are under arbitration laws.

The attorney is prevented from contracting for a price that he feels is fair.

As a practical effect, fewer attorneys are willing to take medical malpractice cases.

Regulation also has emboldened malpractice insurance carriers to take cases all the way to trial, instead of settling the cases, because their potential exposure is capped.

This significantly increases the cost of litigation. Those attorneys who do take medical malpractice cases are very careful only to take very large damages cases.

The end result has the practical effect to preventing people who have legitimate, but smaller, malpractice complaints from ever finding an attorney – thus effectively limiting many victims’ access to the courts.

Malpractice victim advocates, plaintiffs in malpractice lawsuits and trial attorneys, particularly the Consumer Attorneys of California (CAOC),have continuously fought against MICRA since its inception.

Due to the $250,000 cap on non-economic damages, lawyers’ fees are also restricted due to the attorney fee percentage cap.

In late 2013, Bob Pack, a former Net Zero executive, along with Consumer Watchdog and the Consumer Attorneys of California, launched a campaign to place a California Ballot Proposition onto the November 2014 ballot.

This campaign was largely funded by trial lawyers across California.

The No On Prop 46 campaign was largely funded by insurance companies, hospitals, and doctors, and the largest contributor was Kaiser Permanente, again “self-insured”. All Kaiser wanted was to eliminate Plaintiff lawyers, they will keep their own.

Supporters of the initiative reported submitting an estimated 830,000 signatures on March 24, 2014, versus the requirement of 504,760 valid signatures.The initiative was certified on May 15, 2014 by the California Secretary of State. Unions were to blame for this Public loss of civil rights – Your right to sue for Kaiser’s sub-par doctors and doctrine.

I do believe we need a few egregious crimes against them to bring this “above board” Sad, but this is how things change when you’re dealing with monsters.

You can find an accident lawyer 1000 to 1 vs medical malpractice representation and this IS what Kaiser wants, and this naturally leads to collusion between them as in our story.

Like any measure in California, it is dominated by Union vote (unless it hits “everyone” in the pocket)

Kaiser’s campaign was directed at public sentiment and no one knew what ANY of this proposition meant-kaiser called it ,

“A LAWYER MONEY GRAB”.

In reality this is a civil rights breech to anyone who has signed an arbitration agreement, and IF you have Kaiser’s fast-food healthcare, you HAVE signed that already.

Your claim will be administered by a BIASED and Private system that sees NO Genuine judicial review after it is over! Businesses like Judicate West (where our case was held) will continue to suck on the teat of Kaiser money, and continue these crimes.

This law has also lead victims of malpractice never seeing the inside of a courtroom, and by design.

ALL of Kaiser arbitrations ARE under the Private jurisdiction of the OIA Office of Independent Administrator.

This came to be with Kaiser’s dollars and is solely for Kaiser litigation, the state installs a lien on each case to look the other way. The OIA would not even exist if it were not for Kaiser, so they are reliant on keeping Kaiser a healthy criminal organization.

*************************************

So here it is, if your child is Dead you most likely do not have a case, a lawyer can only recover $250K and your case most likely exceed that number in Lawyer Fees and Expert fees-Like below Daniela’s parents Could NOT get a law firm to take the case, and it was pure negligence/ malpractice.

If your child survives you can get LIFETIME CARE, but unlikely because the Neutral or Judge receives a paycheck DIRECTLY from Kaiser ! Keep in mind, these Neutrals are just retired lawyers. If this Neutral wants to see future cases of Kaiser neglect, they will likely side on Kaiser as in our case. Keep in mind, I had MANY FELONIES, Broken HIPAA laws, Destroyed Medical Records, and countless Perjuries ! Kaiser’s expert list was either out of country(on the phone), out of state, or professional experts that derive the majority of their income from litigations for Kaiser.

The Medical Board ignored these crimes, as did the Human Health Services (HHS), and Every single political Hack in Leftyfornia. When Sleepy Joe stole the seat, California’s AG became in charge of the HHS ! His only qualifications are being a piece of shit. The perfect criminal Xavier Becerra

As you can see above, there are plenty of highly paid lobbyists on the DOJ/HHS board operated by Kaiser, this is why all the collusion in my son’s case – no one is there to help you, and as you may know, these “type” of people are abhorrent as it gets.

In this so-called free country, there are many stealing your freedom to benefit themselves, we are attacked from within.

Below, a beautiful 10 year old girl gave her life at Kaiser and this egregious insult did not stop after her death, the family could not find representation in a sure win in any other state other than California.

This case was not settled in a traditional court, it was the bare minimum to a broken family with an agreement to sign a non-disclosure agreement.

Why no testing when she arrived at Kaiser? Because their doctors are trying to save money on tests, and if they do (and they always do) the doctors get a huge bonus working against their “cap” that Kaiser sets to the doctors-with plenty of money left over the doctor gets to take a great vacation.

This family has not had a vacation yet, and they probably won’t ever, their beautiful daughter is dead. Thank Jerry Brown and the greed of the legislature, the unions, and of course the courts & Kaiser who funds this legislation into law.

Disgusting and immoral

MICRA

M I C R A – you don’t know it, but you have surrenderd your civil rights.

Yet another scam from Kaiser and Kaiser’s “purchased” legislature, How did this Proposition pass again in 2014? Making YOUR child or loved one only worth $250K? Something political hacks call “legislation”, it is just more bribes, favors, and dishonesty from California & Kaiser.

It’s money, not talent that get dirtbags re-elected year after year, union deals, Kaiser’s money, and lies in the propositions proposals – Like ” A Lawyer Money Grab”, A lawyer wrote the legislation !

Kaiser’s lawyers which includes the garbage disposal Xavier Becerra a self labeled Attorney General.

The union guidelines also helped greatly by throwing away their own constituents civil rights, but constituants never understand the proposals presented to them, they just do what they are told like sheep jumping off a cliff.

Xavier Becerra is the same Lawyer who is working side by side with the “arranged” governor Newsom to eliminate Proposition 13 and raise your property taxes, “a real money grab”.

What is MICRA? It is plainly a CAP or amount you can collect in a medical malpractice case – $250K.

Try getting a lawyer for that amount, you cannot, so they have eliminated lawsuits against the many low-end doctors at Kaiser and eliminate an entire field of law in one action.

Damage cap

Only two other states, Kansas and Montana, have a cap on non-economic damages in medical malpractice cases as low as California’s.

In 21 states and the District of Columbia there is no cap on medical malpractice damage awards. (That includes two states, Maine and Oregon, that have no specific cap on medical malpractice damages but have a cap on noneconomic damages in any wrongful death action.)

Six other states have no cap on medical malpractice damages under some circumstances. Florida joined that list in 2014 when the Florida Supreme Court struck down its cap on non-economic damages in medical malpractice cases involving wrongful death.

California law does not include any provision to adjust the cap for inflation, so it has remained at $250,000 since it was enacted in 1975.

Many victims of malpractice cannot find a medical malpractice lawyer in the defense of such a cap.

Seven states with a cap (Idaho, Maryland, Michigan, North Carolina, South Carolina, Virginia and West Virginia) have a statutory provision for increasing that cap over time, adjusting for inflation or other factors.

Time limits

It has a shortened statute of limitations for actions against healthcare providers.

Controversy

There is an argument that government regulation and restriction on jury awards in medical malpractice suits is detrimental to the public and primarily protects insurance companies.

The rationale behind this argument is that regulation of jury awards has substantially decreased

(1) the average amount of the award and

(2) the number of suits actually filed, but has not created a correlating decrease in malpractice insurance rates. (See RAND Report, supra.)

Thus, the benefit to the public is negligible, and I have not observed any savings over the last 25 years.

However, as a result of government regulation, juries may be prevented from awarding an amount that the jury feels is fair, but most of these filings are under arbitration laws.

The attorney is prevented from contracting for a price that he feels is fair.

As a practical effect, fewer attorneys are willing to take medical malpractice cases.

Regulation also has emboldened malpractice insurance carriers to take cases all the way to trial, instead of settling the cases, because their potential exposure is capped.

This significantly increases the cost of litigation. Those attorneys who do take medical malpractice cases are very careful only to take very large damages cases.

The end result has the practical effect to preventing people who have legitimate, but smaller, malpractice complaints from ever finding an attorney – thus effectively limiting many victims’ access to the courts.

Malpractice victim advocates, plaintiffs in malpractice lawsuits and trial attorneys, particularly the Consumer Attorneys of California (CAOC),have continuously fought against MICRA since its inception.

Due to the $250,000 cap on non-economic damages, lawyers’ fees are also restricted due to the attorney fee percentage cap.

In late 2013, Bob Pack, a former Net Zero executive, along with Consumer Watchdog and the Consumer Attorneys of California, launched a campaign to place a California Ballot Proposition onto the November 2014 ballot.

This campaign was largely funded by trial lawyers across California.

The No On Prop 46 campaign was largely funded by insurance companies, hospitals, and doctors, and the largest contributor was Kaiser Permanente, again “self-insured”. All Kaiser wanted was to eliminate Plaintiff lawyers, they will keep their own.

I do believe we need a few egregious crimes against them to bring this “above board” Sad, but this is how things change when you’re dealing with monsters.

You can find an accident lawyer 1000 to 1 vs medical malpractice representation and this IS what Kaiser wants, and this naturally leads to collusion between them as in our story.

Like any measure in California, it is dominated by Union vote (unless it hits “everyone” in the pocket)

Kaiser’s campaign was directed at public sentiment and no one knew what ANY of this proposition meant-kaiser called it ,

“A LAWYER MONEY GRAB”.

In reality this is a civil rights breech to anyone who has signed an arbitration agreement, and IF you have Kaiser’s fast-food healthcare, you HAVE signed that already.

Your claim will be administered by a BIASED and Private system that sees NO Genuine judicial review after it is over! Businesses like Judicate West (where our case was held) will continue to suck on the teat of Kaiser money, and continue these crimes.

This law has also lead victims of malpractice never seeing the inside of a courtroom, and by design.

ALL of Kaiser arbitrations ARE under the Private jurisdiction of the OIA Office of Independent Administrator.

This came to be with Kaiser’s dollars and is solely for Kaiser litigation, the state installs a lien on each case to look the other way. The OIA would not even exist if it were not for Kaiser, so they are reliant on keeping Kaiser a healthy criminal organization.

*************************************

So here it is, if your child is Dead you most likely do not have a case, a lawyer can only recover $250K and your case most likely exceed that number in Lawyer Fees and Expert fees-Like below Daniela’s parents Could NOT get a law firm to take the case, and it was pure negligence/ malpractice.

The Medical Board ignored these crimes, as did the Human Health Services (HHS), and Every single political Hack in Leftyfornia. When Sleepy Joe stole the seat, California’s AG became in charge of the HHS ! His only qualifications are being a piece of shit. The perfect criminal Xavier Becerra

As you can see above, there are plenty of highly paid lobbyists on the DOJ/HHS board operated by Kaiser, this is why all the collusion in my son’s case – no one is there to help you, and as you may know, these “type” of people are abhorrent as it gets.

In this so-called free country, there are many stealing your freedom to benefit themselves, we are attacked from within.

Below, a beautiful 10 year old girl gave her life at Kaiser and this egregious insult did not stop after her death, the family could not find representation in a sure win in any other state other than California.

This case was not settled in a traditional court, it was the bare minimum to a broken family with an agreement to sign a non-disclosure agreement.

This family has not had a vacation yet, and they probably won’t ever, their beautiful daughter is dead. Thank Jerry Brown and the greed of the legislature, the unions, and of course the courts & Kaiser who funds this legislation into law.

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