News & Analysis as of

Negligence MICRA

Haight Brown & Bonesteel LLP

Along for the Ride: Non-Patients May be Subject to MICRA's Limitations

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

Woodruff Sawyer

MICRA Reform: What It Means for California Healthcare Providers

Woodruff Sawyer on

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

Polsinelli

California’s Long-Standing MICRA Law is About to Change

Polsinelli on

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

Manatt, Phelps & Phillips, LLP

Proposed Initiative to Increase Damages Under MICRA Recently Amended

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

Haight Brown & Bonesteel LLP

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

Haight Brown & Bonesteel LLP

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

Haight Brown & Bonesteel LLP

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

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