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Medical Malpractice Lawyer ranks have shriveled

The Daily Journal

June 3, 2014 – Brian Kabateck was quoted in a June 3, 2014 Daily Journal article about the impact of tort reform and the Medical Injury Compensation Reform Act (MICRA) on medical tort practice and efforts to change MICRA through a proposed ballot initiative. Immediate past president of the Consumer Attorneys of California, Kabateck told the paper that the inequities of MICRA are giving the plaintiff lawyer community something to rally around and that younger attorneys are “getting engaged because they see the opportunity to make a difference.” The law caps non-economic damages in medical malpractice cases at $250,000, an amount that would be increased if a November ballot initiative is successful.

While medical tort in the state has withered largely due to MICRA, Kabateck said the initiative will revitalize the community and send a message.

“Politically, we’ve been pushed around too long,” he said.

While the initiative is seen by some as a gamble, Kabateck said the plaintiffs’ bar is prepared to fight.

“It’s an important political stand to make, to put out the word on the street,” Kabateck said. “’Don’t mess with the consumer attorneys.’”