A Look at MICRA and Medical Malpractice in California

It is not the intent of this article to give an exhaustive treatise on MICRA, but rather to familiarize the reader with some of the highlights of the legislation that govern the prosecution of medical negligence cases from my perspective.

Although not strictly a personal injury case, most California personal injury attorneys consider medical malpractice to fall under the general banner of personal injury law. Many personal injury lawyers also practice medical malpractice law.

Specifically, medical malpractice is a case against a health care provider for substandard treatment of care recognized for medical practitioners in their community and causes further injury or death to a patient. The practice of medical malpractice law in California is governed by the Medical Injury Compensation Reform Act, or "MICRA" as it is commonly called. This Act, passed in 1975, regulates medical malpractice cases. The Medical Injury Compensation Reform Act is also in effect in a number of states around the country.

As the victim of a medical malpractice claim, one is able to collect, compensatory damages that may include the costs incurred around medical expenses, lost wages. A victim of medical malpractice may also be entitled to collect other special damages. Under the Medical Injury Compensation Reform Act restricts "general damages" or pain and suffering and emotional distress awards to a maximum of $250,000. The limit on the award for general damages holds true no matter how serious the injury caused to the victim.

The Medical Injury Compensation Reform Act also regulates attorney fees on a sliding scale that diminishes the amount paid to the attorney of the recovery. It must also be kept in mind that the costs of prosecution including costs of retention of expert witness and depositions are deducted from the settlement or court award prior to the calculation of attorney fees. In the typical personal injury case the usual custom and practice in the legal community is for attorney fees to be calculated as a percentage of the gross recovery.

The average person may think that regulating attorney fees and costs is advantageous to the consumer. This notion, in fact, is untrue; these types of regulations actually work against the consumer. Restricting the amount of fees an attorney can charge, changing the manner in which fees are calculated, and, most importantly, limiting the amount of general damages, makes it far more difficult for the victim of medical malpractice to find an attorney willing to represent their case. When injured victims cannot find counsel, the final result is often medical malpractice cases cannot be prosecuted in a cost effective and profitable manner. It is not uncommon for medical malpractice lawyers to speak to a prospective client who has already spoken to numerous attorneys trying to find representation, many times with no luck at all. Of course, discouraging medical malpractice cases was one of the primary objectives of MICRA as well as limiting just and deserved compensation to injured victims. It is also worth noting that the primary provision, including the limit on damages, has not changed since MICRA was enacted more than 30 years ago!

Most personal injury attorneys can answer your specific questions as to how MICRA would apply in the individual case. If you have a question about MICRA, or personal injury law in general please consult your local personal injury lawyer who can give you the specifics as to how your situation is impacted by the law.

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What Proposition 213 Means For Uninsured Auto Accident Victims in California

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If you have suffered an injury in a car accident that was not your fault, you are entitled to compensation for your injuries. As an injury victim you are entitled to compensation for:

medical bills
lost wages
property damage
pain and suffering
emotional distress

Compensation can divided into two separate categories. The first type is known as economic damages. Economic damages refer to reimbursement for the actual costs associated with the accident, expenses like hospital bills doctor bills and any other actual costs associated with the accident itself. The second category damages are referred to in the legal profession as general or non-economic damages. These types of damages are not hard costs of the injury, but reimbursement for any emotional distress or physical pain or suffering.

Back in 1996, Californians tired of the effects of uninsured drivers on the system as a whole, overwhelmingly passed Proposition 213. Proposition 213 states that an injured driver must show the vehicle had liability insurance coverage at the time of an accident in order to collect "general damages" from the driver who was at fault for the accident. This applies even if the driver was not at fault in any way for the collision. Simply put, if you are involved in a car accident that was not your fault and suffered an injury as a result, and were either the owner or driver of the car that was not at fault, you must show there was liability insurance coverage on the car in order to be compensated for your "general damages". Under Proposition 213, passengers who are injured in an uninsured car that was not at fault in accident can still collect general damages in addition to economic damages, as long as they are not owners of the vehicle.

There is one exception to Proposition 213. This exception occurs when the driver of the "at fault" vehicle was under the influence of alcohol or drugs at the time of the accident. In a case like this one, the driver or owner of the car that was not at fault can still collect general damages even if the car was uninsured at the time of the car accident.

Proposition 213 was the subject of intense and protracted litigation surrounding its provisions at the time it was enacted. It is now settled law and applies to all personal injury car accident cases in California. Your personal injury attorney should be well versed with Prop 213, its provisions and the means by which it may affect your individual case. Car accidents are the most common means by which people suffer personal injuries Experienced personal injury attorneys, therefore, are expert at all phases of the car accident injury case as well as the laws surrounding such cases.

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A Glimpse on Car Accidents in California I

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The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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A Glimpse on Car Accidents in California I

Image : http://www.flickr.com

The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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A Look at MICRA and Medical Malpractice in California

Image : http://www.flickr.com

It is not the intent of this article to give an exhaustive treatise on MICRA, but rather to familiarize the reader with some of the highlights of the legislation that govern the prosecution of medical negligence cases from my perspective.

Although not strictly a personal injury case, most California personal injury attorneys consider medical malpractice to fall under the general banner of personal injury law. Many personal injury lawyers also practice medical malpractice law.

Specifically, medical malpractice is a case against a health care provider for substandard treatment of care recognized for medical practitioners in their community and causes further injury or death to a patient. The practice of medical malpractice law in California is governed by the Medical Injury Compensation Reform Act, or "MICRA" as it is commonly called. This Act, passed in 1975, regulates medical malpractice cases. The Medical Injury Compensation Reform Act is also in effect in a number of states around the country.

As the victim of a medical malpractice claim, one is able to collect, compensatory damages that may include the costs incurred around medical expenses, lost wages. A victim of medical malpractice may also be entitled to collect other special damages. Under the Medical Injury Compensation Reform Act restricts "general damages" or pain and suffering and emotional distress awards to a maximum of $250,000. The limit on the award for general damages holds true no matter how serious the injury caused to the victim.

The Medical Injury Compensation Reform Act also regulates attorney fees on a sliding scale that diminishes the amount paid to the attorney of the recovery. It must also be kept in mind that the costs of prosecution including costs of retention of expert witness and depositions are deducted from the settlement or court award prior to the calculation of attorney fees. In the typical personal injury case the usual custom and practice in the legal community is for attorney fees to be calculated as a percentage of the gross recovery.

The average person may think that regulating attorney fees and costs is advantageous to the consumer. This notion, in fact, is untrue; these types of regulations actually work against the consumer. Restricting the amount of fees an attorney can charge, changing the manner in which fees are calculated, and, most importantly, limiting the amount of general damages, makes it far more difficult for the victim of medical malpractice to find an attorney willing to represent their case. When injured victims cannot find counsel, the final result is often medical malpractice cases cannot be prosecuted in a cost effective and profitable manner. It is not uncommon for medical malpractice lawyers to speak to a prospective client who has already spoken to numerous attorneys trying to find representation, many times with no luck at all. Of course, discouraging medical malpractice cases was one of the primary objectives of MICRA as well as limiting just and deserved compensation to injured victims. It is also worth noting that the primary provision, including the limit on damages, has not changed since MICRA was enacted more than 30 years ago!

Most personal injury attorneys can answer your specific questions as to how MICRA would apply in the individual case. If you have a question about MICRA, or personal injury law in general please consult your local personal injury lawyer who can give you the specifics as to how your situation is impacted by the law.

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A Glimpse on Car Accidents in California I

Image : http://www.flickr.com

The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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California Boat Accident - Case Study - Boat Hits Water Skier

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If you or a family member are seriously injured in a boating accident in California, then it is important for you to understand how maritime law operates. This article is a case study of a vessel collision between a small inflatable power boat and a water ski boat that illustrates boat accident law.

A maritime legal analysis is performed in order to illustrate boat accident negligence and vessel collision legal principals. This is a recreational boating accident in California.

A Case Study - A Boat Accident on Mission Bay

Picture this, a typically beautiful chamber of commerce weekend on Mission Bay in San Diego. It's Saturday morning at the beginning of spring, so the water park is busy, but not the zoo it will be in a few hours.

A ski boat is slowly towing a young girl and is going in the proper counter-clockwise rotation flow of traffic. As is usually the case in recreational boat accidents, a day of pleasure quickly turns to danger and danger in turn quickly turns to disaster.

A small inflatable power boat pops up from behind an anchored luxury yacht. The inflatable boat is going the wrong way. That is, clockwise, against the flow of traffic. Further, the inflatable boat is going way too fast. The ski boat driver takes the proper evasive maneuver to starboard and turns the ski boat in order to pass the inflatable boat port to port.

After passing the ski boat the inflatable boat driver takes a radical turn to port - - apparently in an effort to try and "catch air" over the ski boat's wake. The young girl's skis go under the inflatable boat, launching her and slamming her into the inflatable boat's engine, seriously injuring both of her legs and right arm.

Maritime Law Analysis: Rules of the Road Violations:

Federal Navigational Rules are also referred to as "Rules of the Road." The following is a thumbnail analysis of the Rules of the Road violations presented in this Case Study.

The young girl has a strong liability case against the operator of the inflatable boat. The inflatable boat operator is in violation of the following Navigational Rules:

Rule 5 - - Lookout

The vessel failed to keep a proper look-out.

Rule 6 - - Safe Speed

The vessel proceeded at a speed too fast for the conditions.

Rule 10 - - Traffic Separation Schemes

The vessel failed to proceed in the appropriate traffic lane in the general direction of traffic flow for that lane.

Rule 18 - - Responsibilities between Vessels

The vessel failed to keep out of the way of a vessel restricted in her ability to maneuver.

Defeating the Limitation Action

The inflatable boat was launched from the luxury yacht and is owned by the yacht owner. The yacht owner filed a Limitation of Liability Action in Federal District Court. The Limitation Action was defeated because the yacht owner was deemed to have privity and knowledge of the inflatable boat driver being up partying hard the night before and drinking 2 hours before the collision. The inflatable boat driver blew a.09 on the Breathalyzer and was booked by the San Diego Police for boating while under the influence.

Applying the Pennsylvania Rule

Under maritime law, when a vessel violates one of the Rules of the Road the burden rests upon the violating vessel to show not merely that their fault might not have been one of the causes, or that it probably was not, but that it could not have been. This is called the Pennsylvania Rule, or as I like to call it, "Check Mate." The Pennsylvania Rule is used to establish liability for boat collisions. Used properly, the Rule is a powerful weapon in boat collision lawsuits.

Case Result:

The insurance company for the yacht / inflatable power boat owner paid a high six figure settlement to the Guardian ad Litem of the young girl.

Disclaimer:

The foregoing is a California boat accident case study. It is not legal advice. Any resemblance to actual events, persons and/or vessels is purely coincidental. I am simplistic in order to achieve clarity. Each boat accident case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your boating accident case will have a similar result as discussed in this vessel collision case study.

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