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6. Are there special rules for claims against doctors or hospitals? In California, doctors and hospitals are protected by special rules which limit damages that can be awarded against them. These special rules are part of the Medical Injury Compensation Reform Act (MICRA). Since 1976, regardless of how badly a person is hurt, neither doctors nor hospitals can be forced to pay more than $250,000 for pain and suffering. MICRA also provides that damages over $50,000 must be paid in periodic payments over the life of the victim. Other MICRA provisions require special notice to doctors and hospitals before suit, restrictions on attorneys' fees, and special statute of limitations provisions. Repeated efforts to adjust the damage limits have failed because of the strength of lobbyists for healthcare interests. In the meantime, the profitability of medical malpractice insurance companies has soared. |
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