In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional...more
MICRA, or the Medical Injury Compensation Reform Act of 1975, is a California statute that limits the non-economic damages portion of medical malpractice claims with the intent of reducing tort liability for healthcare...more
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more
As the use of telehealth continues to increase, providers need to be mindful of the liability laws in the jurisdictions that they operate in. Similar to in-person medical practices, telehealth services carry liability and...more
On September 26, 2019, a proposed ballot measure titled the Fairness for Injured Patients Act was filed in California. The measure would significantly increase California’s nearly 45-year-old Medical Injury Compensation...more
Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more
In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the...more
Nava v. Saddleback Memorial Medical Center, et al. is the latest in a line of cases regarding the definition of professional negligence in matters involving health care providers and the applicable statute of limitations. The...more
In Coastal Surgical Institute v. Blevins (B254787, filed 1/12/15) the California Court of Appeal, Second Appellate District, held that the tolling provisions of Insurance Code section 11583 apply to the one-year limitations...more
In Rashidi v. Moser (No. S214430, filed 12/15/2014), the California Supreme Court held that in medical professional negligence cases, the noneconomic damages cap applies only to the amount of damages awarded to a plaintiff in...more
It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more
In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more
Michael Newman authored an op-ed for the May 29th edition of the Daily Journal to speak out against what he believes is an initiative that will deceive California voters this coming November. Newman writes that the...more