Torts/Personal Injury,
Civil Litigation,
California Supreme Court
Feb. 25, 2022
MICRA cap covers unsupervised conduct leading to child’s death?
A California Supreme Court ruling this week is the perfect example of how unfair and unjust the noneconomic cap on damages is under the the Medical Injury Compensation Reform Act
Benjamin T. Ikuta
Partner
Ikuta Hemesath LLP
1327 N Broadway
Santa Ana , CA 92706
Phone: (949) 229-5654
Fax: (949) 336-8114
Email: ben@ih-llp.com
UC Hastings COL; San Francisco CA
Benjamin focuses his practice in medical malpractice cases on the plaintiff side. He has successfully litigated many cases involving birth injury, delay in cancer diagnosis cases, and elder abuse based on neglect.
On Thursday, the California Supreme Court held that the $250,000 cap under the Medical Injury Compensation Reform Act (Civil Code Section 3333.2) applied even when physician assistants knowingly treated a patient with absolutely no oversight by a physician in direct violation of the Physician Assistant Practice Act (Bus. & Prof Code Section 3502(d)). Lopez v. Ledesma,...
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