Skip to main content
Subscribe
  • Sign Up Free
  • Login
  • Subscribe
  • News
    • Current News
    • Providers
    • Insurance
    • Government
    • Finance
    • Technology
    • Safety & Quality
    • Digital Health
    • Transformation
    • ESG
    • People
    • Regional News
    • Digital Edition (Web Version)
    • Patients
    • Operations
    • Care Delivery
    • Payment
    • Midwest
    • Northeast
    • South
    • West
  • Opinion
    • Bold Moves
    • Breaking Bias
    • Commentaries
    • Letters
    • Vital Signs Blog
    • From the Editor
  • Events & Awards
    • Awards
    • Conferences
    • Galas
    • Virtual Briefings
    • Webinars
    • Nominate/Eligibility
    • 100 Most Influential People
    • 50 Most Influential Clinical Executives
    • Best Places to Work in Healthcare
    • Excellence in Governance
    • Health Care Hall of Fame
    • Healthcare Marketing Impact Awards
    • Top 25 Emerging Leaders
    • Top Innovators
    • Diversity in Healthcare
      • - Luminaries
      • - Top 25 Diversity Leaders
      • - Leaders to Watch
    • Women in Healthcare
      • - Luminaries
      • - Top 25 Women Leaders
      • - Women to Watch
    • Digital Health Transformation Summit
    • ESG: The Implementation Imperative Summit
    • Leadership Symposium
    • Social Determinants of Health Symposium
    • Women Leaders in Healthcare Conference
    • Best Places to Work Awards Gala
    • Health Care Hall of Fame Gala
    • Top 25 Diversity Leaders Gala
    • Top 25 Women Leaders Gala
    • - Hospital of the Future
    • - Value Based Care
    • - Hospital at Home
    • - Workplace of the Future
    • - Digital Health
    • - Future of Staffing
    • - Hospital of the Future (Fall)
  • Multimedia
    • Podcast - Beyond the Byline
    • Sponsored Podcast - Healthcare Insider
    • Video Series - The Check Up
    • Sponsored Video Series - One on One
  • Data Center
    • Data Center Home
    • Hospital Financials
    • Staffing & Compensation
    • Quality & Safety
    • Mergers & Acquisitions
    • Data Archive
    • Resource Guide: By the Numbers
    • Surveys
    • Data Points
  • Newsletters
  • MORE+
    • Contact Us
    • Advertise
    • Media Kit
    • Jobs
    • People on the Move
    • Reprints & Licensing
MENU
Breadcrumb
  1. Home
  2. Providers
December 01, 2014 12:00 AM

California's top court to address med-mal cap issue

Lisa Schencker
  • Tweet
  • Share
  • Share
  • Email
  • More
    Reprints Print

    California voters who went to the polls on the matter in November might not have the final say on whether that state's cap on medical malpractice damages should remain at $250,000.

    The California Supreme Court announced last Wednesday that it will hear Hughes v. Pham, a case that challenges the constitutionality of the state's Medical Injury Compensation Reform Act of 1975, known as MICRA, which caps pain and suffering, or noneconomic damages, at $250,000. The case also looks at how noneconomic damages should be paid. The court agreed to hold the case until after it hears another, Rashidi v. Moser, addressing several tangential issues.

    California voters in November rejected Proposition 46, which would have raised that cap to $1.1 million and indexed it to inflation. The vote followed a heated battle between those for and against the proposition.

    Proponents of the proposition argued the cap doesn't fairly compensate injured individuals who may not be eligible for economic damages because they don't work, such as children and stay-at-home parents. Opponents, however, said raising the cap would mean more lawsuits, leading to higher medical malpractice insurance premiums for doctors and higher costs for patients.

    Consumer Watchdog, which urged voters to pass Prop. 46 this year, cheered the California Supreme Court's decision to hear the case Wednesday.

    “Several states in recent years have determined that their own damages caps were unconstitutional and unjust—it's time for California to join them,” Pam Pressley, litigation director for Consumer Watchdog, said in a statement. “Families who have lost loved ones and victims of medical negligence deserve the justice and accountability that the damages cap denies.”

    Pressley had written an amicus letter to the court Nov. 18 asking it take the case.

    But Kenny Pedroza, a lawyer for the defendant in the case, said he doesn't believe the state's highest court will examine the constitutionality of the caps. Rather, the court will look only at the issue of how the noneconomic damages should be paid, said Pedroza, of the firm Cole Pedroza in San Marino, Calif. Specifically, the case addresses the question of whether noneconomic damages awarded by a court should be offset by dollars awarded through previous settlements.

    Pedroza said he believes the court will hear Rashidi v. Moser and then send the case back to the appeals court to reconsider the issue of the offset in light of whatever opinion is reached in Rashidi v. Moser.

    Those on the other side, however, say they're hopeful the court will look at the constitutionality of the cap. “Now that Prop. 46 has been defeated there may be more reason for the court to take the constitutional issues up in this case,” said Valerie Nannery, a lawyer for the plaintiffs with the Center for Constitutional Litigation in Washington.

    In Hughes v. Pham, Trent and Lisa Hughes allege that neurosurgeon Christopher Pham's delay in treating Trent Hughes after an off-road vehicle accident led Trent Hughes to become a paraplegic with no bladder, bowel or sexual function. A jury determined that Trent Hughes suffered $2.75 million in noneconomic damages, but that amount was then reduced to $250,000 per MICRA.

    The plaintiffs argue that the cap violates constitutional guarantees of equal protection, the right to a jury trial and separation of powers. They argue that the cap “arbitrarily and irrationally singles out the most severely injured victims of medical malpractice for unfavorable treatment,” according to court documents.

    Pham, however, argues that there was “insufficient evidence to establish causation,” that the trial court wrongly excluded important evidence and that the award for future medical care costs wasn't justified by the evidence, among other contentions, according to court documents.

    A California appeals court in September upheld the judgment of the trial court, ruling against the Hughes in all matters except the structure of the judgment, which the appeals court remanded for further proceedings.

    Molly Weedn, a spokeswoman for the California Medical Association, which filed a friend-of-the-court brief in support of MICRA's constitutionality in the case, said in an e-mail that "Time and time again, the courts have upheld the constitutionality of the Medical Injury Compensation Reform Act's (MICRA) cap on non-economic damages, including in the case of Hughes v. Pham. Consumer Watchdog is looking to gain attention on an issue the courts and voters have clearly and definitively opposed. In this instance. The Supreme Court is reviewing an issue involving settlements in MICRA cases, but has not agreed to review MICRA's constitutionality.”

    Follow Lisa Schencker on Twitter: @lschencker

    Letter
    to the
    Editor

    Send us a letter

    Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print.

    Recommended for You
    20160830_Mike_Pykosz_mm0146(1).jpg
    Q&A: Oak Street Health CEO on growth plans after CVS Health deal
    Rapid growth predicted for hospital-at-home market
    Rapid growth predicted for hospital-at-home market
    Most Popular
    1
    More healthcare organizations at risk of credit default, Moody's says
    2
    Centene fills out senior executive team with new president, COO
    3
    SCAN, CareOregon plan to merge into the HealthRight Group
    4
    Blue Cross Blue Shield of Michigan unveils big push that lets physicians take on risk, reap rewards
    5
    Bright Health weighs reverse stock split as delisting looms
    Sponsored Content
    Modern Healthcare A.M. Newsletter: Sign up to receive a comprehensive weekday morning newsletter designed for busy healthcare executives who need the latest and most important healthcare news and analysis.
    Get Newsletters

    Sign up for enewsletters and alerts to receive breaking news and in-depth coverage of healthcare events and trends, as they happen, right to your inbox.

    Subscribe Today
    MH Magazine Cover

    MH magazine offers content that sheds light on healthcare leaders’ complex choices and touch points—from strategy, governance, leadership development and finance to operations, clinical care, and marketing.

    Subscribe
    Connect with Us
    • LinkedIn
    • Twitter
    • Facebook
    • RSS

    Our Mission

    Modern Healthcare empowers industry leaders to succeed by providing unbiased reporting of the news, insights, analysis and data.

    Contact Us

    (877) 812-1581

    Email us

     

    Resources
    • Contact Us
    • Advertise with Us
    • Ad Choices Ad Choices
    • Sitemap
    Editorial Dept
    • Submission Guidelines
    • Code of Ethics
    • Awards
    • About Us
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Modern Healthcare
    Copyright © 1996-2023. Crain Communications, Inc. All Rights Reserved.
    • News
      • Current News
      • Providers
      • Insurance
      • Government
      • Finance
      • Technology
      • Safety & Quality
      • Digital Health
      • Transformation
        • Patients
        • Operations
        • Care Delivery
        • Payment
      • ESG
      • People
      • Regional News
        • Midwest
        • Northeast
        • South
        • West
      • Digital Edition (Web Version)
    • Opinion
      • Bold Moves
      • Breaking Bias
      • Commentaries
      • Letters
      • Vital Signs Blog
      • From the Editor
    • Events & Awards
      • Awards
        • Nominate/Eligibility
        • 100 Most Influential People
        • 50 Most Influential Clinical Executives
        • Best Places to Work in Healthcare
        • Excellence in Governance
        • Health Care Hall of Fame
        • Healthcare Marketing Impact Awards
        • Top 25 Emerging Leaders
        • Top Innovators
        • Diversity in Healthcare
          • - Luminaries
          • - Top 25 Diversity Leaders
          • - Leaders to Watch
        • Women in Healthcare
          • - Luminaries
          • - Top 25 Women Leaders
          • - Women to Watch
      • Conferences
        • Digital Health Transformation Summit
        • ESG: The Implementation Imperative Summit
        • Leadership Symposium
        • Social Determinants of Health Symposium
        • Women Leaders in Healthcare Conference
      • Galas
        • Best Places to Work Awards Gala
        • Health Care Hall of Fame Gala
        • Top 25 Diversity Leaders Gala
        • Top 25 Women Leaders Gala
      • Virtual Briefings
        • - Hospital of the Future
        • - Value Based Care
        • - Hospital at Home
        • - Workplace of the Future
        • - Digital Health
        • - Future of Staffing
        • - Hospital of the Future (Fall)
      • Webinars
    • Multimedia
      • Podcast - Beyond the Byline
      • Sponsored Podcast - Healthcare Insider
      • Video Series - The Check Up
      • Sponsored Video Series - One on One
    • Data Center
      • Data Center Home
      • Hospital Financials
      • Staffing & Compensation
      • Quality & Safety
      • Mergers & Acquisitions
      • Data Archive
      • Resource Guide: By the Numbers
      • Surveys
      • Data Points
    • Newsletters
    • MORE+
      • Contact Us
      • Advertise
      • Media Kit
      • Jobs
      • People on the Move
      • Reprints & Licensing