Health Care & Hospital Law,
Family
Sep. 22, 2022
Court of Appeal provides guidance on medical malpractice statute of limitations for infant death cases
Economically, such cases were near impossible to file due to the MICRA cap. However, given the new changes in MICRA's Civil Code section 3333.2 as to the general damage caps under AB-35 that will go in effect in 2023, such cases may become viable.
Benjamin T. Ikuta
Partner
Ikuta Hemesath LLP
1327 N Broadway
Santa Ana , CA 92706
Phone: (949) 229-5654
Fax: (949) 336-8114
Email: ben@ih-llp.com
UC Hastings COL; San Francisco CA
Benjamin focuses his practice in medical malpractice cases on the plaintiff side. He has successfully litigated many cases involving birth injury, delay in cancer diagnosis cases, and elder abuse based on neglect.
On Tuesday, the First District Court of Appeal, Division Four, granted the publication request of Kernan v. Regents of the University of California, case number A162750, which was previously filed unpublished on Aug. 29, 2022. The case has important ramifications as to the timeliness of medical malpractice actions under Code of Civil Procedure section 340.5. This is particularly true in cases involving stillborn and newborn death cases as a result of malpractic...
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