Posts Tagged ‘MICRA’

Good Doctors, Bad Medicine

In an interesting twist of fate, a hospital is being sued by two of its doctors and a medical assistant in a lawsuit that contends the hospital provided “substandard care” which lead to the death of at least one patient. Good for the doctors. Shame on the hospital.  

In this day and age it is almost impossible for victims of bad medicine to do anything about it. As a State Bar certified lawyer referral service I see instances every day where patients with legitimate claims of medical malpractice cannot find an attorney to take their case because the legal system is so stacked against the victims of bad medicine and so in favor of the insurance companies and the doctors and hospitals they insure.

There has been a lot of talk over the past two years about health care and medicine in the United States. The discussion always includes a cry for “tort reform” to stop all of the frivolous lawsuits. Well what most people don’t know is that California has had the strictest “tort reform” imaginable since 1975! It is called MICRA (Medical Injury Compensation Reform Act) In fact, the MICRA tort reform is so severe in California that if we ever actually were to have national tort reform for medical cases, it may actually make it easier for victims in California to sue their doctor or hospital.  To see an incredible video about the MICRA laws take a look at The Truth About MICRA.

MICRA prevents victims of medical malpractice from obtaining justice in many ways, including by limiting recovery for pain & suffering to $250,000 and by limiting the number of lawyers who take malpractice cases because of limited attorneys fees.

For more information about MICRA see  MICRA background

For more information about this lawsuit see the Mercury News.

To read the actual lawsuit, see Walker vs. Santa Clara Valley Medical Center.