Questions & Answers

Why will the Fairness for Injured Patients Act Effectively Eliminates Caps on Non-Economic Damages?

Answer
The initiative creates a new category of injuries which are indistinguishable from other injuries and not currently recognized under California law. This new “catastrophic injury” category does not include caps on non-economic damages set forth by the Medical Injury Compensation Reform Act (MICRA) and eliminates caps on attorneys’ fees.

This measure would essentially eliminate the attorneys’ fee cap on both non-economic and economic damages. This measure would obliterate existing safeguards for out of control medical lawsuits, resulting in skyrocketing healthcare costs and huge windfalls for attorneys who would get paid ahead of the patients, with uncapped fees in this new category.

Why will the Fairness for Injured Patients Act Effectively Eliminates Caps on Non-Economic Damages?

Answer
The initiative creates a new category of injuries which are indistinguishable from other injuries and not currently recognized under California law. This new “catastrophic injury” category does not include caps on non-economic damages set forth by the Medical Injury Compensation Reform Act (MICRA) and eliminates caps on attorneys’ fees.

This measure would essentially eliminate the attorneys’ fee cap on both non-economic and economic damages. This measure would obliterate existing safeguards for out of control medical lawsuits, resulting in skyrocketing healthcare costs and huge windfalls for attorneys who would get paid ahead of the patients, with uncapped fees in this new category.

Why will the Fairness for Injured Patients Act Effectively Eliminates Caps on Non-Economic Damages?

Answer
The initiative creates a new category of injuries which are indistinguishable from other injuries and not currently recognized under California law. This new “catastrophic injury” category does not include caps on non-economic damages set forth by the Medical Injury Compensation Reform Act (MICRA) and eliminates caps on attorneys’ fees.

This measure would essentially eliminate the attorneys’ fee cap on both non-economic and economic damages. This measure would obliterate existing safeguards for out of control medical lawsuits, resulting in skyrocketing healthcare costs and huge windfalls for attorneys who would get paid ahead of the patients, with uncapped fees in this new category.
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