California’s Medical Injury Compensation Reform Act, or MICRA, is under attack this fall with a very disingenuous ballot initiative that professes to address issues related to impaired physicians, but is actually an effort to gut the state’s successful medical liability reform law.
Proposition 46 would, among other things, increase MICRA’s cap on non-economic damages from $250,000 to more than $1.1 million in 2015. The cap would be tied to inflation and could continue to rise each year thereafter. Despite high-profile support from U.S. Sen. Barbara Boxer (D-Calif.) and House Minority Leader Nancy Pelosi (D-Calif.), the California Democratic Party will remain neutral on Proposition 46.
Organized neurosurgery maintains its strong support for MICRA, which, for nearly 40 years has held down premiums and led to the speedier resolution of true malpractice claims. To that end, the AANS and CNS have endorsed the “No on 46” initiative. Featured below is a No on 46 video entitled, “The Truth about Proposition 46.” This two-minute video features practicing physicians and medical students from across the state discussing the flaws, costs and potential harmful consequences to patients and California’s healthcare system should Proposition 46 pass.