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.
Drost v. Sheridan
California Court of Appeal affirms application of MICRA to reduce damages award against chiropractor from $29.5 million to $250,000.
Read MoreCharlie L. v. Kangavari
California Court of Appeal publishes opinion holding that a statute providing procedural safeguards for ER surgeons against medical malpractice claims also protects other physicians who consult remotely with the ER department
Read MoreMusharbash v. San Antonio Regional Hospital
Horvitz & Levy successfully secures writ relief ordering summary judgment in favor of hospital in wrongful death.
Read MorePatterson v. College Medical Center
Horvitz & Levy successfully secures writ relief protecting medical center from discovery order compelling it to release psychiatric patients’ contact information.
Read MoreOroville 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.
Read MoreFyfe 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.
Read MoreCounty 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.
Read MoreElizondo v. Riverside Community Hospital
California Court of Appeal affirms judgment on jury verdict in favor of hospital in medical malpractice action.
Read MoreSmith v. Clovis Community Medical Center & Smith v. Gade
California Court of Appeal affirms summary judgment on MICRA statute of limitation grounds.
Read MoreFranklin v. Santa Barbara Cottage Hospital
Horvitz & Levy successfully defends summary judgment for hospital in medical malpractice action on actual and ostensible agency grounds.
Read MoreAlvarado v. Wilson
California Court of Appeal affirms trial court ruling that eliminated punitive damages claim in medical malpractice case.
Read MoreOroville 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.
Read MoreFlores v. Liu
California Court of Appeal affirms a jury verdict, despite a finding of instructional error, in a professional negligence action against a surgeon
Read MoreLicudine 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.
Read MoreKlune v. Palo Verde Health Care District
Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.
Read MoreHagan v. Torrance Memorial Medical Center
Horvitz & levy successfully defends judgment for hospital in medical malpractice action.
Read MoreDhillon v. John Muir Health
California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician.
Read MoreDhillon v. John Muir Health
California Supreme Court resolves important administrative law issue, reversing dismissal of hospital’s appeal in staff privileges case
Read MoreOrtiz v. WMC-A, Inc.
California Court of Appeal affirms judgment in favor of hospital in spinal-injury case
Read MoreCuevas 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
Read MoreLicudine v. Cedars-Sinai Medical Center (2016)
California Court of Appeal publishes helpful opinion on “lost earning capacity” damages
Read MoreGopal 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
Read MoreRay v. Kapiolani Medical Specialists
Supreme Court of Hawai`i overturns $4,250,000 judgment against physician group for negligent treatment and informed consent.
Read MoreCottini v. Enloe Medical Center
California Court of Appeal affirms judgment in favor of medical center.
Read MoreSafeway Inc. v. Superior Court (Hardin)
California Court of Appeal grants petition for writ of mandate in failure-to-warn suit against pharmacy.
Read MoreEisenhower Medical Center v. Superior Court
California Court of Appeal dismisses $500 million medical privacy claim against hospital.
Read MoreEl-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.
Read MoreMoran v. South Coast Medical Center
California Court of Appeal affirms hospital’s denial of medical staff privileges.
Read MoreGarcia v. ConMed Corporation
California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.
Read MoreWang v. Heck
California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.
Read MoreReigelsperger v. Siller
California Supreme Court upholds enforceability of arbitration agreement under MICRA.
Read MoreKibler v. Northern Inyo County Local Hosp. Dist.
California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.
Read MoreBird v. Saenz
California Supreme Court limits recovery of emotional distress damages to relatives of injured hospital patient.
Read MoreEl 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.
Read MoreMileikowsky 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.
Read MoreVan 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.
Read MorePiedra 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.
Read MoreLathrop 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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