Preventing Errors
The California Medical Association was established in 1856 to "Protect the public health and to promote the science and art of medicine.
Patient safety is a new healthcare discipline that emphasizes the reporting, analysis, and prevention of medical error that often lead to adverse healthcare events. The frequency and magnitude of avoidable adverse patient events was not well known until the 1990s, when multiple countries reported staggering numbers of patients harmed and killed by medical errors. Recognizing that healthcare errors impact 1 in every 10 patients around the world, the World Health Organization calls patient safety an endemic concern.[1] Indeed, patient safety has emerged as a distinct healthcare discipline supported by an immature yet developing scientific framework. There is a significant transdisciplinary body of theoretical and research literature that informs the science of patient safety.[2] The resulting patient safety knowledge continually informs improvement efforts such as: applying lessons learned from business and industry, adopting innovative technologies, educating providers and consumers, enhancing error reporting systems, and developing new economic incentives..
California Medical Malpractice Laws
Since 1976, health-care-provider defendants have been protected by the Medical Injury Compensation Reform Act (MICRA). Such defendants include physicians, nurses, chiropractors, dentists, mental health professionals, pharmacists, etc. CCP § 340.5(1)
The time-frame for investigating a potential law suit is extremely short. Generally, an adult plaintiff must file suit within one year from "discovery" of an injury and within three years from injury. CCP § 340.5 Each MICRA defendant must also be given 90 day's notice of intent to sue before the claim is filed. CCP § 364(a)
Regardless of how badly a person is hurt, defendants cannot be forced to pay more than $250,000 for pain and suffering. Civ.C. § 333.2(b) Punitive damage awards are extremely rare. The initial complaint cannot mention punitive damages. A separate motion must be made within 2 years of the filing date or 9 months before the first scheduled trial date (whichever is earlier) to demonstate a "substantial probability that the plaintiff will prevail on the claim." CCP § 425.13
MICRA provides that damages over $50,000 must be paid in periodic payments over the life of the victim. CCP § 667.6 This can be a disadvantage to the victim if the annuity is much cheaper than a lump-sum recovery would be.
Attorneys' contingency fees are restricted to 40% of the first $50,000 recovered. 33.3% of the next $50,000, 25% of the next $500,000 and 15% of everything over $600,000. Bus&Pro C. § 6146
Repeated efforts to adjust the damage limits have failed because of the strength of lobbyists for healthcare interests. Such MICRA restrictions make it increasingly hard for injured patients to find contingency-fee lawyers that are willing to prosecute medical malpractice actions.
