Supreme Court to Review MICRA Decision

Publish Date:May 29, 2013
Summary:
On May 22, 2013, the California Supreme Court gave notice that it will review a Court of Appeal decision which held that a lawsuit alleging negligence by a hospital relating to a collapsed bed rail was subject to the two-year statute of limitations for ordinary negligence rather than the one-year statute of limitations for professional negligence set forth in the Medical Injury Compensation Reform Act of 1975 (MICRA).

On May 22, 2013, the California Supreme Court gave notice that it will review a Court of Appeal decision which held that a lawsuit alleging negligence by a hospital relating to a collapsed bed rail was subject to the two-year statute of limitations for ordinary negligence rather than the one-year statute of limitations for professional negligence set forth in the Medical Injury Compensation Reform Act of 1975 (MICRA).

The Court of Appeal in Flores v. Presbyterian Intercommunity Hospital concluded that MICRA’s statute of limitations did not apply to the lawsuit because the plaintiff’s complaint that she was injured “when the bed rail collapsed causing plaintiff to fall to the ground” did not involve an act by a health care provider in rendering professional services. The Flores decision was summarized in the March 1, 2013 ACIC Weekly Report

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