The September 11, 2020 published opinion of the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) affirmed the jury’s award of $9,250,000 in noneconomic damages for a medical battery claim where a… Read More
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California Voters Will Decide In November 2022 If Unfair $250K Limit On Medical Malpractice Damages Will Be Changed
California voters will have the chance in November 2022 to modify the 45-year-old $250,000 cap on noneconomic damages in California medical malpractice cases that in 2020 is worth only $50,768 in 1975 dollars, and which disproportionately impacts Black and brown… Read More
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California Supreme Court Limits Nursing Home Violations Statutory Damages To $500 Per Action, Not Per Violation
The Supreme Court of California (“California Supreme Court”) stated in its opinion filed on August 17, 2020: “Health and Safety Code section 1430, subdivision (b) gives a current or former nursing care patient or resident the right to bring a… Read More
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California Appellate Court Denies Enforcement Of Nursing Home Arbitration Agreement Signed By Temporary Conservators
The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) stated in its published opinion dated August 10, 2020 in a case where the defendant nursing home attempted to compel arbitration of the… Read More
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California Appellate Court Rules Summary Judgment Inappropriate For Defendant In Colonoscopy Medical Malpractice Case
The Court of Appeal of the State of California Third Appellate District (El Dorado) (“California Appellate Court”) ruled in its unpublished opinion filed on June 22, 2020 that the defendant gastroenterologist was not entitled to summary judgment in a California… Read More
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California Appellate Court Reinstates $6.3M Plastic Surgery Medical Malpractice Verdict
In its published opinion dated June 4, 2020, the Court of Appeal of the State of California First Appellate District Division Three (“California Appellate Court”) reinstated a California plastic surgery medical malpractice verdict in excess of $6.3 million, holding that… Read More
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California Appellate Court Affirms Summary Judgment For Defense In Medical Malpractice Wrongful Death Case Where Man Died From Aortic Dissection Eight Hours After Discharge From ER
The Court of Appeal of the State of California Second Appellate District Division Eight (“California Appellate Court”), in its June 1, 2020 published opinion, stated: “The trial court granted summary judgment to a hospital in a lawsuit brought by the… Read More
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California Appellate Court Refuses To Compel Arbitration Of Nursing Home Wrongful Death Claims
The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) held in its unpublished opinion dated April 29, 2020, “although defendant [nursing home] moved to compel both plaintiffs to arbitrate all of their… Read More
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California Appellate Court Affirms New Trial For Medical Malpractice Plaintiff For Erroneous Statute Of Limitations Ruling
The Court of Appeal of the State of California Fifth Appellate District (“California Appellate Court”) affirmed in its opinion filed on March 4, 2020 the trial court’s grant of a new trial to the California medical malpractice plaintiff, stating “we… Read More
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California Appellate Court Eviscerates $4.25M Noneconomic Damages Award In Medical Malpractice Case To $250,000
The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”), in its published opinion filed on March 24, 2020, slashed the California medical malpractice trial court’s award of noneconomic damages in the amount… Read More
