California Issues

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Medical Liability Reform: Noneconomic Damages Reform: The Medical Injury Compensation Reform Act (MICRA): (1975): Cal. Civ. Code § 333.2.

California|1975

Limits noneconomic damages in medical liability cases to $250,000. The

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Limits noneconomic damages in medical liability cases to $250,000. The $250,000 limit on noneconomic damages in medical liability actions does not violate the equal protection or due process provisions of the State or Federal Constitutions. Fein v. Permanente Medical Group, 695 P.2d 665 (Cal.), appeal dismissed, 474 U.S. 892 (1985).

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Medical Liability Reform: Contingent Fee Reform: The Medical Injury Compensation Reform Act (MICRA): (1975): Cal. Bus. & Prof. Code § 6146(a).

California|1975

Limits contingent fees in medical liability cases to 40% of

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Limits contingent fees in medical liability cases to 40% of the first $50,000 recovered, 33.3% of the next $50,000, and 15% of any amount exceeding $600,000.

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Miscellaneous

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SB 527 (1991)

California|1991

extends the requirement for a certificate of merit in actions

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extends the requirement for a certificate of merit in actions against engineers, architects and surveyors.

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Unchallenged

Good Samaritan Reform: AB 83 (2009)

California|2009

Provided non-medical Good Samaritans the same liability protections afforded medical

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Provided non-medical Good Samaritans the same liability protections afforded medical Good Samaritans. The bill stemmed from the California Supreme Court’s ruling in Van Horn v. Watson, in which Lisa Torti rescued Alexandra Van Horn from a vehicle involved

in an accident, and, in doing so, might have caused Ms. Van Horn’s subsequent paralysis. The Court determined that Health and Safety Code Section 1799.102 provides liability protection only to medical professionals who provide emergency medical care. The Court’s interpretation meant that though Ms. Torti may have reasonably believed that removing Ms. Van Horn from a potentially explosive car was necessary to save her life, Ms. Torti may still be sued for injuries allegedly caused by the rescue. A.B. 83 amended Health and Safety Code Section 1799.102 to ensure that it provides liability protections to all people, both medical and laypeople, who help out in good faith at the scene of an emergency

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Unchallenged

Appeal Bond Reform

Contingent Fee Reform

Joint and Several Liability

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

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