Health Care & Hospital Law
Feb. 2, 2023
McGovern v. BHC Fremont Hospital and MICRA's CCP 364 - lessons learned
Advising not to follow section 364 is controversial given the potential discipline by the state bar, but not a single attorney has ever been disciplined or cited for failing to follow it, and relying on section 364 may not be in the best interest of the client.
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.
Earlier this year, on Jan. 4, 2023, the First District, Division 1, of the California Court of Appeal published McGovern v. BHC Fremont Hospital, Inc. (Cal. Ct. App., Dec. 21, 2022, No. A161051) 2022 WL 18107709.
The holding was relatively simple. In medical malpractice actions, an intent-to-sue letter must be sufficiently detailed in order to qualify as a letter under Code of Civil Procedure section 364. Howeve...
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