California medical malpractice lawyer Archives

California Supreme Court Expands Bystander Negligent Infliction Of Emotional Distress Claims

November 29, 2024

Negligent Infliction Of Emotional Distress Negligent infliction of emotional distress is not an independent tort, but the tort of negligence, to which traditional elements of duty, breach of duty, causation, and damages apply. In Thing, a mother sought emotional distress damages caused by witnessing[...]

California Appellate Court Reverses Medical Malpractice Defense Verdict Due To Possible Improper Juror Exclusion

January 2, 2020

The Court of Appeal of the State of California Second Appellate District Division Seven (“California Appellate Court”) held in its published opinion dated November 18, 2019: “The prohibition against the exercise of peremptory challenges to exclude prospective jurors on the basis of[...]

Wronged By Another Without The Right To Recover

January 13, 2014

When a medical professional’s negligence or carelessness leads to the suffering of another, you would think that the innocent victim would be fairly and adequately compensated for the losses and harms he suffered. Not so, demand medical malpractice tort reformers. The reformers do not wish[...]

Today’s Blog Celebrates Two Years Of Consecutive Daily Blogging

March 4, 2013

Today we have reached the milestone of two years of consecutive daily blog postings. Tomorrow, we start our third year and we look forward to keeping our readers current with regard to medical malpractice issues and interesting relevant medical news. We have learned a lot while researching the t[...]

Disturbing Medical Malpractice History Of California Malpractice Defendant

July 11, 2012

On May 22, 2012, a California medical malpractice jury returned a verdict in the amount of nearly $1.2 million in favor of the plaintiffs after a two-week trial (including $908,804 for medical expenses and pain and suffering of the medical malpractice victim and $267,500 to the patient’s husb[...]

Appeal Challenges California’s Medical Malpractice Cap On Noneconomic Damages

July 6, 2012

In 1975, California enacted a law known as The Medical Injury Compensation Reform Act (“MICRA”) that limits noneconomic damages (pain and suffering, mental anguish, etc.) for death due to medical malpractice to $250,000. MICRA also requires notification to possible medical malpractice d[...]

California’s Medical Malpractice Damages Cap Limits Valid Claims And Benefits Bad Doctors

January 19, 2012

California has one of the lowest medical malpractice damages caps in the United States — $250,000. This cap limits potential medical malpractice claimants from finding medical malpractice lawyers willing to take their cases, no matter how valid the claims and the seriousness of the injuries,[...]

California 13-Year-Old Medical Malpractice Victim Now A Paraplegic

November 22, 2011

A young California girl who was 13 when a California radiologist negligently misread her x-ray that ultimately led to a serious medical condition resulting in the girl’s paraplegia recently won her medical malpractice case. The 13-year-old girl was hospitalized in 2003 when she was experiencin[...]

California Medical Malpractice Claims And Complaints

October 12, 2011

The Medical Board of California, which is responsible to protect health care consumers through the enforcement of the California Medical Practice Act and is also responsible for licensing and regulating physicians, surgeons, and certain allied health care professionals such as midwives, issued its [...]

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