This medical lawsuit initiative is written by lawyers who stand to benefit financially if it passes despite. The initiative will cost California taxpayers and hurt California patients – all while lining lawyers’ pockets.
The medical lawsuit initiative will obliterate existing safeguards for out-of-control medical lawsuits and result in skyrocketing health care costs and bigger payouts for attorneys. Contrary to what its proponents claim, it doesn’t just increase the existing cap on non-economic damages under the Medical Injury Compensation Reform Act (MICRA), but essentially removes the cap altogether by creating a new category of lawsuit called “catastrophic injury.” Under this “catastrophic injury” category, the existing cap on attorneys’ fees would be eliminated, meaning lawyers would get more of a patient’s payout. We can expect to see most lawsuits filed under this category since lawyers will get significantly larger - and easier - payouts.
The initiative would also change the way lawyers get paid in other medical malpractice lawsuits. Current law allows for patients and their lawyers to be paid over time as their treatment and recovery continues. This law would allow lawyers to be paid in a lump sum, allowing them to collect more in fees sooner.
Proponents of this measure want you to think it’s just about MICRA, but it's not. They’ve hidden language in the initiative that will increase payouts for attorneys, will increase health care costs for everyone, and will put patients at risk.