San Francisco Bay Area Attorneys for MICRA-Related Issues
In 1975, the California Legislature enacted a law called the Medical Injury Compensation Reform Act, also known as MICRA. The law was designed to reduce the filing of medical malpractice lawsuits by discouraging lawyers from taking such cases. As a result of MICRA, the damages that an injured party may obtain against a health care provider in a medical malpractice case have been sharply limited.
The most dramatic of these limitations is a cap on damages for pain and suffering of $250,000. Amazingly, this limitation has never been increased to reflect changes in the cost of living since MICRA was enacted. Thus, in spite of the fact that $250,000 in 1975 dollars, adjusted for inflation, now comes to more than $800,000, under MICRA, the victims of malpractice in California may still only obtain a maximum of $250,000 for their pain and suffering. Because of these limitations most personal injury lawyers in California will not take medical malpractice cases.
A Track Record of Success
Contact Attorneys Cliff Weingus and Jeffrey A. Haas
For years, San Francisco Bay Area attorneys Cliff Weingus and Jeffrey A. Haas have been taking meritorious cases and working within the confines of MICRA to maximize recoveries for victims of medical malpractice. In addition, in every case they look for facts that may take the case outside of the limitations imposed by MICRA, thus enabling their clients to obtain truly just compensation for their injuries.
As one example, in the case of Lathrop v. Health care Partners Medical Group, Mr. Weingus and Mr. Haas obtained a $2.7 million jury verdict based on a failure to diagnose breast cancer. In the appeal of that case, the Court of Appeals imposed a significant limitation on the extent to which MICRA could be used by Medical Groups. Specifically, in 2003, Mr. Weingus and Mr. Haas persuaded the Court of Appeals that a medical group was not a "health care provider" under MICRA, and therefore would not be entitled to the damages limitations provided by MICRA for its direct negligence.
Since that time, in numerous cases, Cliff Weingus and Jeffrey A. Haas have been able to obtain enhanced settlements for their clients by arguing that based on Lathrop, or another theory, MICRA should not be applied under the facts of their case.
Cliff Weingus and Jeffrey A. Haas know how to evaluate claims to maximize compensation in the face of MICRA. We will explore all opportunities to help you maximize your claim.
Contact Us
If you are interested in filing any type of medical malpractice claim in California, make sure your attorney understands the impact of MICRA. From our offices in San Francisco and San Mateo County, we have been managing cases in light of MICRA for years and we know how to handle its complexities. Contact us today to see how we might be able to help. If we think we can help you, we will review your case and help you evaluate your options.
