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Health Care & Hospital Law

Nov. 21, 2022

No MICRA victory lap at trial lawyers conclave

Several panelists expressed fear that doctors would try to test the new law too aggressively, especially if less experienced attorneys take on medical malpractice cases. Others urged less experienced attorneys to call one of the panelists if they are thinking of taking on a case under the new law or filing an appeal.

SAN FRANCISCO — One might assume plaintiffs’ attorneys would take a victory lap after finally winning changes to a 47-year-old cap on medical damages. But the message at the Consumer Attorneys of California annual convention was all about ambiguity, appellate litigation and — most of all — caution.

“In the last 15 years I’ve never seen this many people at the med-mal panel,” attorney Amy R. Martel told the crowd at the MICRA 2.0 panel on Fr...

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