Mitchell Law Firm

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CALIFORNIA'S TOP
MEDICAL MALPRACTICE LAWYER

$5.5 MillionSettlement for failure to diagnose and treat kernicterus resulting in severe brain damage of child
$5.5 MillionSettlement for failure to diagnose acute blood loss after cancer surgery resulting in brain damage to physician
$7 MillionPlus Settlement: Negligent performance of intubation post-operatively, resulting in severe brain damage to minor child.
$10.8 MillionConfidential settlement for an adult who suffered catastrophic injury from a stroke
$22 MillionRobyn Frankel vs. Palo Alto Medical Foundation GroupJury verdict for paralysis caused to patient after an unnecessary procedure.
$4.25 MillionSettlement for failure to quickly respond to a minor plaintiff’s hyperthermia after surgery resulting in catastrophic injuries including brain damage
$4 MillionSettlement for failure to diagnose fetal distress resulting in minor plaintiff suffering from severe static encephalopathy

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California Medical Injury Reform Act

In 1975, California doctors were confronted with escalating insurance rates. Medical malpractice claims were held responsible for the increasing insurance rates. A few physicians were obliged to cease their practice since they could not obtain insurance that would insure them. More elevated insurance rates were being forwarded to consumers in the appearance of more elevated healthcare expenses. In return, there was an attempt to modernize tort law and decrease the cost of plaintiff’s attorneys.

The outcome was the 1975 California Medical Injury Compensation Reform Act (MICRA). MICRA limits universal compensation for pain and suffering, emotional anguish, and companionship loss, at $250,000. Exclusive, or financial compensation like lost earnings, supplemental expenses, and repair or replacement, stay limitless. MICRA restricts lawyer expenses. In addition, it permits defendants to reimburse the damage reward eventually instead of at the same time.

MICRA demands that the action be against a healthcare provider founded on professional negligence. A healthcare provider is basically somebody with a license, and professional negligence identifies the recklessness of a competently accredited individual, which is a more elevated standard of care than ordinary negligence. This indicates that in a slip and fall case like when a hospital patient trips on a liquid-soap puddle that a janitor left, patients can recuperate limitless universal compensation. The similar assumption relates to the hospital’s failure to provide sufficient protection, tools, staff, or services in case where one patient hurts another.



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In over 25 years of practice on the defense side of malpractice cases, Jeff Mitchell is the attorney I fear most. He takes very good cases. Jeff has the medicine and the applicable literature down cold. He is without a doubt the best cross-examiner I have ever seen. I have paid his clients a lot of money over the years.
- John M.

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