In its decision filed on June 9, 2015, the Court of Appeal of the State of California First Appellate District (“Appellate Court”) refused to overturn a lower court’s ruling that reduced a California medical malpractice jury’s verdict for noneconomic damages… Read More
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California Appellate Court Says Fall On Wet Floor Not Medical Malpractice
In a case decided on April 23, 2015, the Court of Appeal of the State of California Fourth Appellate District Division Three (“Appellate Court”) determined that a hospital patient’s claim of negligence involving her slip and fall on a recently mopped floor that lacked… Read More
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Consumer Watchdog Asks California Supreme Court To Accept Case Challenging Medical Malpractice Cap
In a letter addressed to Justices of the California Supreme Court dated November 18, 2014, the consumer advocacy group Consumer Watchdog has requested that the California Supreme Court agree to review a case in which the California medical malpractice cap on noneconomic damages… Read More
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What Is California Proposition 46?
The so-called California Proposition 46 (“Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative”) is on the November 4, 2014 ballot in California after being certified on May 15, 2014 by the California Secretary of State. The proponents of… Read More
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Appeal Challenges California’s Medical Malpractice Cap On Noneconomic Damages
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… Read More