What is the law on medical errors?

Medical errors are a serious issue that affects people in California and across the United States. The California Medical Injury Compensation Reform Act of 1975 (MICRA) is a law that sets rules on how medical errors can be dealt with in the state. The law is designed to help protect patients who are victims of medical negligence and to limit the number of medical mistakes that can lead to legal action. The law covers four main areas: statute of limitations, damages caps, joint and several liability, and what is known as the "notice of claim" system. The statute of limitations sets the period of time that a patient has to file a lawsuit against a doctor or hospital for medical negligence. In California, this is generally two years from the date of injury or two years from the date of discovering the injury. The damages cap limits the amount of money that can be awarded for damages related to a medical error in the form of a settlement or jury award. In California, the cap is currently set at $250,000 for non-economic damages like pain and suffering. Joint and several liability laws determine how much blame each defendant is liable for when multiple parties are involved in a medical error. In California, defendants can be held responsible for their portion of the damages, in addition to the portion associated with other defendants. Finally, the “notice of claim” system requires that a patient notify the medical provider of their intention to pursue legal action within certain timeframes. In California, a person has to notify the provider of their intent to pursue damages within six months of the date of the medical error. Failure to do so can result in the dismissal of the case.

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What is the law on medical errors?

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