Meyers Nave Amicus Briefs Featured in Verdict Magazine
VERDICT Magazine published this week (at Pages 38-39) features our Appellate Practice Group’s role in two pending California Supreme Court cases that affect the potential liability of public and private health care providers:
Rashidi v. Moser, docket no. S214430 (set for argument in SF on October 7) – If a jury awards the plaintiff in a medical malpractice action noneconomic damages against a healthcare provider defendant, does MICRA entitle that defendant to a setoff based on the amount of a pretrial settlement entered into by another healthcare provider, or does Proposition 51 bar that setoff? (The case will decide whether the plaintiff can proceed to trial seeking multiple awards of non-economic damages where the $250,000 “cap” on recovery of such damages under MICRA has already been satisfied by a pretrial settlement.)
Winn v. Pioneer Medical Group, Inc., docket no. S211793 – Does “neglect” within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15657) include a health care provider’s failure to refer an elder patient to a specialist if the care took place on an outpatient basis rather than in a “custodial” setting? (Elder Abuse Act claims are not subject to the $250,000 MICRA cap on general damage awards, and the Act may additionally allow a plaintiff to recover enhanced statutory damages and attorney fees.)
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