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MICRA's Impact On Your Medical Malpractice Claim
Unlike other types of injury cases, one claiming to have been seriously injured as a result of a healthcare provider's negligence will rarely receive full compensation for their injury. This is because California, long before President Bush's call for nationwide tort reform in the area of medical malpractice, enacted legislation limiting your recovery against medical providers. California's Medical Injury Compensation Reform Act or "MICRA" was enacted in 1975 by the California Legislature in an effort to control skyrocketing medical malpractice insurance premiums. MICRA's provisions, found at various sections of the Civil Code, Code of Civil Procedure and Business Professions Code, was the Legislature's most ambitious tort reform measure of its time. While purportedly designed to make healthcare more readily available and affordable, the effect of this legislation over time has not only been to deprive Californians quality medical care, but to deny them fair recovery in the event of malpractice. Perhaps the most significant provision of MICRA is Code of Civil Procedure section 3333.2 which limits awards of pain and suffering in medical malpractice actions to $250,000. Over the last decade there has been considerable debate about this limitation in that it was established more than 30-years ago and has never once been increased. When adjusted for inflation, this $250,000 would equal roughly $864,000 today, however, MICRA, when enacted, did not contain any provisions that allowed for increases of the $250,000 cap to account for inflation. It would take therefore take legislative action and approval by our governor before this limitation were raised.
Many clients at EISENBERG LAW GROUP have been victims of medical malpracticeand, as a result, have been rendered quadriplegics, paraplegics, or otherwise left wheelchair bound and/or brain injured. Notwithstanding the nature and extent of their injuries and the dramatic effect their injuries have had upon their lives and the lives of their loved ones (often responsible for their day-to-day care), their recovery for pain and suffering has been limited by law to $250,000. There is no limitation in California on the recovery of special damages (e.g. medical expenses, loss of earnings, etc.) in a medical malpractice action however, MICRA does permit a medical provider, in the event of an adverse judgment, to make periodic payments on any monetary award over $50,000. [Code of Civil Procedure section 667.7.] Naturally, this can result in a delay in compensation to the patient victim.
At EISENBERG LAW GROUP we not only work to achieve the best results and largest recovery for our malpractice clients, we also employ experts in rehabilitation, life care planning, economics and structured settlements to insure that their settlements and awards, even in the face of legislatively mandated recovery limitations, are sufficient to provide for their medical needs into the future.
Mark W. Eisenberg of EISENBERG LAW GROUP represents the interests of injured parties and their families in trials of Automobile Motorcycle Trucking Accidents, Medical Malpractice, Nursing Home Negligence, Personal Injury, Pharmacy Malpractice, Premises Liability.
How To Collect Medical Billing Claims From Insurance Companies
Physicians have always had to juggle the tasks of their office Often, small practices could not afford to hire an office staff and the physician would have to do it all; see patients, make appointment, and fill out and submit medical claims to insurance companies
Online Degree In Health: Build Your Future
Are you wanting to earn more, have greater respect from your peers, and enjoy your job more? If so, then you should consider an online degree in health (http://www.hotonlinecolleges.com/). Since getting a degree from home (http://www.hotonlinecolleges.com/) is so easy there really is not a better time to improve your life.
Small Business Owners Can Offer Health Insurance
Are you a small business owner looking to attract and keep hardworking, quality employees? If so, you should consider offering a health insurance package to your employees.
Omega 3 Fat is Good for Your Heart and for Your Brain
Scandinavian fishermen are a healthy bunch. It had long been known that they live longer and have much less heart and blood-pressure related diseases than their European counterparts.
Leading Project Management Firm Adds Healthcare Specialist to Executive Team
Integrated Project Management Company, Inc. an onsite project management provider, is expanding its healthcare industry presence by hiring Linda Ohringer to its executive team as Healthcare Solutions Specialist.
EMR Experts, Inc. Offers New Specialty Specific Electronic Medical Record by AllMeds, Inc
EMR Experts, Inc., providers of healthcare software solutions and AllMeds, Inc. have announced a new partnership for EMR Experts to market the AllMeds integrated electronic medical record and practice management software to specialty practices nationwide.
The Relationship between Stroke and Dental Health
It has been estimated that every 45 seconds of what America has a stroke, in one split second well over 30,000 brain cells will have died after this devastating shock to the brain, in a matter of a minute an ischemic stroke will have killed over 1.9 million brain cells, could you imagine the many facts, abilities, notions and body function you will have lost after such tragedy?
Include Me Out - Common Medical Insurance Exclusions
Most people assume that their health insurance either completely, or at least partially, covers all of their medical needs. Unfortunately, the fine print in your policy generally includes a list of exclusions - items that are specifically not covered - that you should be aware of.
Help Your Heart Grow
I turned into my parents' driveway in Maryland and parked the car. Before I could even step out and close the door, Mom flew out of the backyard, gesturing frantically.
Traverse, Northern Michigan's Magazine Connects Its Readers to Award-Winning Health Care
Traverse, Northern Michigan's Magazine shares Northern Michigan entries from BestDoctors.com's national list for the first time in June 2008--In June, Traverse, Northern Michigan's Magazine will provide its readers with a list of Northern Michigan doctors featured on BestDoctors.com, making Traverse the region's first magazine to provide this information. Those listed are leading specialists in their field nationally, practicing in Northern Michigan. "The issue also will impart important medical information to the public," says Jeff Smith, editor and vice president editorial at Traverse. "We'll cover some important health care news while we help our readers understand the strengths of Northern Michigan's health care."
