Tag Archives: medical malpractice
WHEN TO REFORM TORT REFORM
Reform. A positive-sounding word connoting improvement and enhancement, Webster’s defines “reform” as “an amendment of what is defective, vicious, corrupt, or depraved; a removal or correction.” However, you can have too much of a good thing, and unfortunately, tort reform supporters don’t often realize the negative effect their efforts may have upon the lives… Read More »
YOUR RIGHT TO COUNSEL in CIVIL PROCEEDINGS
Heiting & Irwin You have likely heard or read on multiple occasions, the expression “you have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you…” (known as the Miranda warning). These are some of the rights of an individual charged with a crime. Criminals,… Read More »
KNOW YOUR LIMITATIONS
Heiting & Irwin “Statutes of Limitations” are the laws which place a time limit upon the length of time one has to file a lawsuit, whether it be a civil complaint or the prosecution of someone for committing a crime. The time limits vary depending upon the nature of the claim or the crime… Read More »
RIGHT TO EMERGENCY MEDICAL CARE
Regardless of your insurance status, you are eligible to receive emergency medical care within the State of California. You have the right to receive emergency care at any licensed facility with an emergency room. You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital… Read More »
The Howell Decision: Is it Worse for Plaintiffs than MICRA?
The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits non-economic damages (pain, suffering and death of a loved one) in California medical malpractice cases to $250,000.00. Prior to December 1975, juries were free to weigh all evidence and award an amount of non-economic damages appropriate for the injury to the… Read More »
It is GPS Monitoring, not GPS Tracking
“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »
James Heiting interviewed regarding recent article in National Law Journal
James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.
The Real Losers Under MICRA
California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »
Statutes of Limitations and Why You Shouldn’t “Wait and See”
It’s a story I hear on an almost weekly basis. “After the surgery, I knew something was wrong but Dr. X told me to ‘wait a year and see what happens.’” From a legal standpoint, this is terrible advice when dealing with a potential medical malpractice claim in California. What’s wrong with waiting a… Read More »
Tide Turns Against Medical Malpractice Caps
A Georgia trial judge recently struck down that state’s limits on the amount of pain and suffering damages a plaintiff can receive in a medical malpractice case. Fulton County State Court Judge Diane E. Bessen declared the caps violated Georgia’s State Constitution, specifically the provisions guaranteeing the right to a jury trial, separation of… Read More »
