Torts/Personal Injury
Dec. 6, 2023
MICRA expanded to non-patient drivers negligently hit by ambulances
In any lawsuit even tangentially involving healthcare or a healthcare provider, the plaintiff’s attorney should always file within one year to be safe. But MICRA obviously goes far beyond the one-year statute. Even if filed timely, such a holding may have a devastating impact on those seriously injured by the negligent driving of EMT drivers.
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 Friday, Dec. 1, the Sixth District Court of Appeal filed and published its opinion in Gutierrez v. Tostado (Cal. Ct. App., Dec. 1, 2023, No. H049983) 2023 WL 8296004. The divided decision has far-reaching implications to drivers hit by negligent EMTs and ambulances. In short, the Court of Appeal held that an action involving a driver negligently harmed by an ambulance driver on a non-emergency transport with its lights off is considered...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In