Chan

I. Introduction

After plaintiff and appellant Jessica Chan’s mother died from internal hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency of the evidence to support the malpractice verdict, nor any other issue associated with the trial and the rendition of the jury verdict, is before us. Rather, the sole issue on appeal is the trial court’s postverdict reduction of the $1 million noneconomic damages award to $250,000, as required by the Medical Injury Compensation Reform Act of 1975 (MICRA; Stats. 1975, 2d Ex. Sess. 1975-1976, ch. 1, §26.6, pp. 3975-3976; Civ. Code, § 3333.2). Chan attacks the MICRA cap on multiple constitutional grounds — as violating equal protection, due process and the right to jury trial. All of her arguments, however, are ultimately grounded on the assertion she is entitled to seek noneconomic damages sufficient to cover attorney fees. No California court has ever endorsed such a proposition, and, as we discuss, it is contrary to many well-established legal principles.

Since MICRA’s enactment in 1975, the cap on noneconomic…