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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

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We have made major contributions to the development of California healthcare law in both state and federal appellate courts. We regularly represent physicians, hospitals, and other healthcare practitioners in appeals concerning professional liability, elder abuse, the Medical Injury Compensation Reform Act (MICRA), peer review, and medical staff privileges. We have participated in every California Supreme Court case upholding various aspects of the historic MICRA legislation against constitutional attacks, and we have participated in nearly all of the California Supreme Court healthcare cases decided in recent decades.

In addition to handling appeals, we publish the MICRA Manual, which has been cited in opinions deciding MICRA issues, and is widely used by healthcare attorneys throughout the state. And we released an AB-35 MICRA Manual Update that documents the significant changes to certain MICRA statutes that went into effect on January 1, 2023. We also publish the Evidence Code section 1157 Manual, regarding the statute that protects the confidentiality of healthcare peer review proceedings.

Contact H. Thomas Watson or Peder K. Batalden for more information about our Healthcare practice.

Oroville Hospital v. Superior Court (Ambrose) (II)

Horvitz & Levy obtained interlocutory relief for the second time in the same case, persuading the Court of Appeal that a plaintiff’s claim for punitive damages against a healthcare provider was untimely.

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Fyfe v. CCAPP

California Court of Appeal holds that a nonprofit organization did not violate the common law right to fair procedure when it suspended an individual’s alcohol and drug counselor certification.

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County of Santa Clara v. Superior Court

California Supreme Court holds emergency medical service providers may maintain reimbursement actions against publicly operated health care service plans.

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Smith v. Clovis Community Medical Center & Smith v. Gade

California Court of Appeal affirms summary judgment on MICRA statute of limitation grounds.

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Franklin v. Santa Barbara Cottage Hospital

Horvitz & Levy successfully defends summary judgment for hospital in medical malpractice action on actual and ostensible agency grounds.

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Alvarado v. Wilson

California Court of Appeal affirms trial court ruling that eliminated punitive damages claim in medical malpractice case.

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Oroville Hospital v. The Superior Court of Butte County

California Court of Appeal grants writ petition and orders judgment for the defense in elder abuse lawsuit.

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Flores v. Liu

California Court of Appeal affirms a jury verdict, despite a finding of instructional error, in a professional negligence action against a surgeon

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Licudine v. Cedars-Sinai Medical Center

California Court of Appeal affirms trial court ruling that a plaintiff's Code of Civil Procedure section 998 offer was served too early to be in good faith.

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Klune v. Palo Verde Health Care District

Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.

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Hagan v. Torrance Memorial Medical Center

Horvitz & levy successfully defends judgment for hospital in medical malpractice action.

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Dhillon v. John Muir Health

California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician.

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Dhillon v. John Muir Health

California Supreme Court resolves important administrative law issue, reversing dismissal of hospital’s appeal in staff privileges case

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Ortiz v. WMC-A, Inc.

California Court of Appeal affirms judgment in favor of hospital in spinal-injury case

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Cuevas v. Contra Costa County

California Court of Appeal requires retrial of future medical expense claim to permit evidence of Medicaid and Affordable Care Act benefits

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Markow v. Rosner

California Court of Appeal reverses judgment against hospital

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Licudine v. Cedars-Sinai Medical Center (2016)

California Court of Appeal publishes helpful opinion on “lost earning capacity” damages

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Gopal v. Kaiser Foundation Health Plan

California Court of Appeal rejects enterprise liability theory and affirms summary judgment in favor of health insurer in wrongful death case

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Ray v. Kapiolani Medical Specialists

Supreme Court of Hawai`i overturns $4,250,000 judgment against physician group for negligent treatment and informed consent.

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Cottini v. Enloe Medical Center

California Court of Appeal affirms judgment in favor of medical center.

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Safeway Inc. v. Superior Court (Hardin)

California Court of Appeal grants petition for writ of mandate in failure-to-warn suit against pharmacy.

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Eisenhower Medical Center v. Superior Court

California Court of Appeal dismisses $500 million medical privacy claim against hospital.

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El-Attar v. Hollywood Presbyterian Medical Center

California Supreme Court unanimously reverses Court of Appeal regarding hospital procedures for reviewing adverse action on doctor’s application for staff privileges.

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Moran v. South Coast Medical Center

California Court of Appeal affirms hospital’s denial of medical staff privileges.

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Garcia v. ConMed Corporation

California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.

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Wang v. Heck

California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.

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Reigelsperger v. Siller

California Supreme Court upholds enforceability of arbitration agreement under MICRA.

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Kibler v. Northern Inyo County Local Hosp. Dist.

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

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Bird v. Saenz

California Supreme Court limits recovery of emotional distress damages to relatives of injured hospital patient.

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El Attar v. Hollywood Presbyterian Medical Center

California Supreme Court brief successfully arguing that hospital's governing board was permitted to initiate peer review proceedings regarding the competency of a physician to hold medical staff privileges, by selecting medical staff physician reviewers and a hearing officer after the medical staff itself declined to do so.

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Mileikowsky v. West Hills Hospital Medical Center

California Supreme Court brief addressing whether terminating sanctions can properly be issued in medical staff peer review proceedings when physician violates hearing officer's discovery orders.

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Van Buren v. Evans

Amicus brief in the California Court of Appeal, defending the $250,000 limit on noneconomic damages in the Medical Injury Compensation Reform Act (MICRA) against new constitutional attacks.

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Piedra v. Dugan

California Court of Appeal brief asking court to uphold a defense verdict in an action against a physician alleging lack of informed consent for treatment.

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Lathrop v. Healthcare Partners Medical Group

California Court of Appeal brief arguing that MICRA's limit on recovery of non-economic damages applies to a medical group's liability.

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