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Paymon Khatibi, Acclaimed Personal Injury Attorney, Examines Treaty Ending California's War Over Medical Malpractice

Paymon Khatibi

This represents a monumental moment for victims of medical malpractice and ends what was effectively a draconian law that created very unjust results.”
— Paymon Khatibi

LOS ANGELES, CA, UNITED STATES, May 24, 2022 / -- During the early months of Jerry Brown’s first governorship, it became trendy for those pushing political causes to stage “sleep-ins” in the foyer of Brown’s Capitol office to draw media attention. One of the oddest involved spouses of doctors who were seeking relief from soaring medical malpractice lawsuit awards that were driving up their liability insurance premiums. Their sleep-in, complete with down sleeping bags and food deliveries from Sacramento’s toniest restaurants, did, indeed, attract media attention. In fact, one doctor’s wife became so energized by her foray into politics that she divorced her husband and went to work for a legislator.

Acclaimed personal injury attorney, Paymon Khatibi of Wave Law Firm, APC, has some thoughts on this matter and gives a brief history of how these events came to be. "Unfortunately, despite the increased cost of living and inflation, the $250,000 cap on pain and suffering for victims of medical malpractice did not budge for decades," states Khatibi. "In 1975, when the MICRA bill was initially passed, you could rent an apartment in San Francisco for just a few hundred dollars a month. Now, that number is closer to a few thousand dollars a month. Clearly, this created an unjust outcome for victims of medical malpractice."

Behind the 1975 media sideshow, a high-powered political battle was underway, pitting physicians, hospitals, and other medical care providers, with support from malpractice insurers, against attorneys who specialized in personal injury cases on a contingency fee basis.

Khatibi continues, "Luckily, as a result of intense negotiations between interested parties, the Assembly approved Assembly Bill 35 which, once signed by Gov. Newsom, will (starting Jan 1) increase the pain-and-suffering cap for cases not involving death to $350,000, growing to $750,000 over ten years. The limit for cases involving a patient's death increases to $500,0000, increasing to $1 million over the next 10 years."

With Brown's support, it culminated in the legislative passage of the Medical Injury Compensation Reform Act, forever known by its acronym, MICRA. It limited damages for non-economistic injuries, dubbed “pain and suffering,” to $250,000, a massive win for the medical faction and an equally massive setback for the lawyers.

"This bill will also increase the maximum awards by 2 percent each year to account for inflation. This represents a monumental moment for victims of medical malpractice and ends what was effectively a draconian law which created very unjust results," concludes Khatibi.


Paymon Khatibi

Paymon Khatibi received his Juris Doctor from Loyola Law School. During his time at Loyola Law School, he served as editor-in-chief of the Loyola Journal Digital Law Student Magazine. Khatibi completed his undergraduate studies at the University of California, Irvine earning a degree in Criminology, Law, and Society.

Khatibi is an attorney that takes pride in defending the wronged against big corporations or government entities. His work as an attorney has included cases regarding injuries, product defects, wrongful death, government liability, sexual abuse, civil rights, employment, and business litigation.

Apart from writing and speaking on various legal topics, Khatibi has served on the Board of Governors for the Consumers Attorneys of California as well as its Legislative and Education Committees. Khatibi is also a member of the Consumer Attorneys of Los Angeles where he has been a part of the Public Affairs and Education committees. He is the co-founder and past president of the Downtown LA Bar Association as well.

Throughout his career, Paymon Khatibi has taken part in many trials involving disastrous injuries. His victories in cases involving personal injuries and other legal areas have earned him the reputation of a brilliant attorney willing to fight for his clients.

Aurora DeRose
Boundless Media Inc.
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