Paymon Khatibi, acclaimed personal injury lawyer, examines treaty ending California’s war on 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 unfair results.

—Paymon Khatibi

LOS ANGELES, CA, USA, May 24, 2022 / — In the early months of Jerry Brown’s first governorship, it became fashionable for political advocates to hold sleepovers in the lobby of Brown’s Capitol office to attract attention medias. One of the weirdest involved doctors’ spouses seeking relief from skyrocketing medical malpractice claims that were driving up their liability insurance premiums. Their slumber, with down sleeping bags and food deliveries from Sacramento’s most thundering restaurants, has indeed garnered media attention. In fact, a doctor’s wife became so energized by her foray into politics that she divorced her husband and went to work for a lawmaker.

Personal Injury Lawyer, Paymon Khatibi of Wave Law Firm, APC, has some thoughts on this and gives a brief history of how these events happened. “Unfortunately, despite the rising cost of living and inflation, the $250,000 cap on pain and suffering for victims of medical malpractice has not budged for decades,” Khatibi says. “In 1975, when the MICRA bill was originally passed, you could rent an apartment in San Francisco for only a few hundred dollars a month. Now that number is closer to a few thousand dollars a month. Obviously , it created an unfair outcome for victims of medical malpractice.”

Behind the media spectacle of 1975, a full-scale political battle was underway, pitting doctors, hospitals and other medical providers, with the backing of malpractice insurers, against lawyers specializing in cases bodily injury on a contingency fee basis.

Khatibi continues, “Fortunately, following intense negotiations between interested parties, the Assembly has approved Assembly Bill 35 which, once signed by Governor Newsom, will (effective January 1) the pain and suffering limit for cases not involving death to $350,000, increasing to $750,000 over ten years The limit for cases involving the death of a patient increases to $500,0000, increasing to $1 million over the next 10 years.

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

“This bill will also increase maximum awards by 2% each year to account for inflation. This represents a monumental moment for victims of medical malpractice and ends what was effectively a draconian law that created very unfair results,” concludes Khatibi.


Paymon Khatibi

Paymon Khatibi obtained his Juris Doctor from Loyola Law School. While at Loyola Law School, he served as editor 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 a lawyer who takes pride in defending injured parties against large corporations or government entities. His work as an attorney has included personal injury, product defect, wrongful death, governmental liability, sexual abuse, civil rights, employment and commercial litigation cases.

In addition to writing and speaking on a variety of legal topics, Khatibi has served on the Board of Governors of California Consumer Attorneys as well as its Legislative and Education Committees. Khatibi is also a member of the Los Angeles Consumer Attorneys where he served on the public affairs and education committees. He is also co-founder and past president of the Downtown LA Bar Association.

Throughout his career, Paymon Khatibi has participated in numerous lawsuits involving disastrous injuries. His victories in cases involving personal injury and other legal areas have earned him a reputation as a brilliant lawyer willing to fight for his clients.

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