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MICRA Case Descriptions
- Western Steamship Lines, Inc. v. San
Pedro Peninsula Hospital (1994) 8 Cal.4th 100.
Holding that MICRA's $250,000 limit on
recovery for noneconomic damages in an action for professional
negligence against a health care provider applies in an action
for equitable indemnity brought by a settling tortfeasor against
a health care provider.
We appeared as co-counsel of record on behalf
of defendant San Pedro Peninsula Hospital.
- Waters v. Bourhis (1985) 40
Cal.3d 424.
Holding that the California Medical Injury
Compensation Reform Act of 1975 (MICRA), which limits a health
care provider's liability for professional negligence, did
not apply to a psychiatrist who engaged in sexual conduct
with a patient.
We appeared as amici curiae counsel on behalf
of the California Hospital Association and the California
Medical Association in support of plaintiff.
- Fein v. Permanente Medical Group
(1985) 38 Cal.3d 137.
Upholding the constitutionality of Civil
Code section 3333.2, one of the provisions of MICRA, which
limits pain and suffering awards in medical malpractice cases.
We appeared as amici curiae counsel on behalf
of the California Hospital Association in support of defendant.
- Roa v. Lodi Medical Group, Inc.
(1985) 37 Cal.3d 920.
Upholding the constitutionality of Business
and Professions Code section 6146, one of the provisions of
MICRA, which places a sliding scale limit on plaintiffs' attorneys
fees in medical malpractice cases.
We appeared as amici curiae counsel on behalf
of the California Hospital Association in support of defendants.
- Barme v. Wood (1984) 37 Cal.3d 174.
Upholding the constitutionality of Civil
Code section 3333.1, subdivision (b), one of the provisions
of MICRA, which substantially abolishes the collateral source
rule in medical malpractice cases.
We appeared as co-counsel of record on behalf
of defendants Gayanne Wood, et al.
- American Bank & Trust Co. v. Community
Hospital (1984) 36 Cal.3d 359.
Upholding the constitutionality of Code
of Civil Procedure section 667.7, one of the provisions of
MICRA, which provides for periodic payment of the future damages
portion of a medical malpractice judgment.
We appeared as amici curiae counsel on behalf
of the California Hospital Association in support of defendant.
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