Calif. High Court Says MICRA Only Caps Noneconomic Awards
By Kurt Orzeck (December 15, 2014, 4:38 PM EST) -- California's high court on Monday ruled the Medical Injury Compensation Reform Act's $250,000 cap on noneconomic damages in medical malpractice suits doesn't require that jury awards of noneconomic damages be reduced by a pretrial settlement with a jointly liable party, overturning a lower court decision.
The California Supreme Court partially reversed a lower court ruling that said a jury's award of noneconomic damages, reduced by the court to $250,000 under MICRA, could be further lowered by offsetting off the amount of a pretrial settlement attributable to noneconomic losses, even when the defendant who went to trial didn't establish the comparative fault...
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