STATE'S RANK ON CIVIL JUSTICE SCORECARD CONTRASTS WITH
MICRA STATURE
April, 2006
Though California’s Medical Injury and Compensation Reform Act of 1975 remains the gold standard for effective medical professional liability laws, the state’s standing on other legal issues puts it in the bottom ranks, according to a new survey.
In an annual survey on state civil justice systems by the U.S. Chamber of Commerce’s Institute for Legal Reform, California managed to move up only one slot – from 45th to 44th – among corporate general counsel and other senior litigators interviewed nationwide.
The ranking by the Chamber reflects concerns in employment litigation, Americans with Disability Act abuses, class action litigation, construction defect suits, and punitive damage demands. These contrast with what a bipartisan legislative effort accomplished in response to the medical malpractice crisis of 1975.
“California showed that in passing MICRA, it knew how to balance fair compensation to medical malpractice claimants with the need to ensure the continued availability of medical care to its residents,” said John Sullivan, president of the Civil Justice Association of California. “But we have a way to go before the system is fair on civil justice issues across the board.”
Sullivan said that the good news in the low ranking among the attorneys questioned in the poll conducted by Harris Interactive, Inc., is that reformers “know where we stand and where we need to go to make the state’s civil justice work for all Californians.”
In 2004, CJAC and other reform organizations asked voters to change the law to curb abuses of the state’s Unfair Business Competition Act. Californians voted overwhelmingly in favor of the proposal, called Proposition 64. Currently, CJAC is circulating for the November ballot the “Safe Products Initiative,” which aims to reform the laws governing punitive damages in California.
CAP believes that its Members play a vital role in political action. For more information on how to make your voice heard, go to the "Legislative Corner" section of our Members Only Section.
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