Doctors hail ruling affirming $250,000 limit on malpractice. (Health Care).SCORE a round for doctors in their battle to protect the state's landmark law limiting damages in malpractice cases. The Medical Injury Compensation Reform Act The Medical Injury Compensation Reform Act (MICRA) of 1975 was a California law designed lower medical malpractice premiums for Californians. Parts Micra Consists of the following parts: There currently are three lawsuits around the state making that claim, but in the first Court of Appeal ruling on the matter last month a three-judge panel in San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. sided with doctors and disagreed. The case involved a double amputee am·pu·tee n. A person who has had one or more limbs removed by amputation. who sued Sharp Rees-Stealy Medical Group in San Diego after a review committee turned down his request for a new set of $18,000 prosthetics pros·thet·ics n. The branch of medicine or surgery that deals with the production and application of artificial body parts. pros -- even though his primary care doctor concluded they were medically necessary medically necessary Managed care adjective Referring to a covered service or treatment that is absolutely necessary to protect and enhance the health status of a Pt, and could adversely affect the Pt's condition if omitted, in accordance with accepted . The patient's attorney argued that the group did not qualify for MICRA protection because in turning down the request it had actually made a business decision. However, in an extended 27-page discussion, the appeal's panel said that utilization review u·til·i·za·tion review n. A process for monitoring the use, delivery, and cost-effectiveness of services, especially those provided by medical professionals. committees make decisions that are equivalent to clinical judgments and therefore the group qualified for MICRA protection. Dr. Jack Lewin, chief executive of the California Medical Assocation, hailed the opinion. "Obviously the group should be given MICRA protection because each member is a practicing doctor with MICRA protection," Lewin said. Mitchel Olson, the patient's attorney, said he strongly disagreed with the decision, but was not surprised because the Fourth Appellate District has a conservative reputation and to have decided otherwise would have broken new ground. He said he might appeal the decision to the state Supreme Court. Staff reporter Laurence Darmiento can be reached at (323) 549-5225 ext. 237 or at ldarmiento@labusinessjournal.com. |
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