Fein v. Permanente Medical Group

Opinion

KAUS, J.

In this medical malpractice action, both parties appeal from a judgment awarding plaintiff about $1 million in damages. Defendant claims that the trial court committed reversible error during the selection of the jury, in instructions on liability as well as damages, and in failing to order that the bulk of plaintiff’s award be paid periodically rather than in a lump sum. Plaintiff defends the judgment against defendant’s attacks, but maintains that the trial court, in fixing damages, should not have applied two provisions of the Medical Injury Compensation Reform Act of 1975…