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Question: The California Medical Injury Compensation Reform Act (MICRA) of 1975 capped noneconomic damages such as pain and suffering at $250,000; as of this writing, the cap has never been adjusted for inflation. Such award caps have been criticized as limiting those injured from seeking legal redress, as most attorneys representing plaintiffs in medical malpractice actions work on contingency. Further, plaintiffs with permanent injuries will be able to collect no more for their pain and suffering than those who will recover fully.59 As of this writing, a campaign is underway in California to raise the MICRA cap to meet inflation, along with other measures to increase patient safety.60 To learn more about the Troy and Alanna Pack Patient Safety Act. What are the advantages and disadvantages of limiting damages in medical malpractice suits? Explain.
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