News & Analysis as of

MICRA

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

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

Can you sue a Health Care Facility for “Non-Medical” Negligence?

Woodland Hills personal injury attorney Barry P. Goldberg is asked this question with great frequency— what happens when you are injured at a health care facility? It is not uncommon for patients to fall while at the...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

A Claim Is for Medical Negligence – Not General Negligence – When “Integrally Related” to a Patient’s Medical Treatment or...

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

A Personal Injury Claim Involving a Patient’s Fall on a Wet Hospital Floor Is Not Within the Scope of MICRA’s One-Year Statute of...

by Low, Ball & Lynch on

Asma Pouzbaris v. Prime Healthcare Services-Anaheim, LLP - Court of Appeal, Fourth Appellate District (April 23, 2015) - On June 13, 2010, plaintiff Asma Pouzbaris (“Plaintiff”) was admitted to defendant’s...more

Professional Liability Alert: Non-MICRA Statutes of Limitations Can Toll MICRA Limitations Periods

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

MICRA’s Cap on Noneconomic Damages Does Not Apply to Joint Tortfeasor’s Pre-Trial Settlement to Offset Damages Award at Trial

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

Undoing MICRA

by Buchalter on

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

Points & Authorities - Spring 2014

by Buchalter on

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

MICRA's Big Deception

by Hinshaw & Culbertson LLP on

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

Weekly Law Resume - March 14, 2013: A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment...

by Low, Ball & Lynch on

Catherine Flores v. Presbyterian Intercommunity Hospital Court of Appeal, Second District (February 27, 2013) Plaintiff Catherine Flores (“Flores”) was a patient at Presbyterian Intercommunity Hospital. On March 5,...more

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