Lathrop v. Healthcare Partners Medical Group
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
GEMELLO, J.
In the published portion of this medical malpractice action, we decide that a medical group consisting of a partnership of physicians is not a “health care provider” as that term is defined under the Medical Injury Compensation Reform Act (MICRA), because the medical group is not itself licensed to practice medicine. Nevertheless, we further conclude that the medical group is subject to the $250,000 cap on noneconomic damages set by MICRA (Civ. Code, § 3333.2) as an employer held vicariously liable for the negligent acts of its licensed physician employees. The trial court…
2Cases cited21 opinions
- Fein v. Permanente Medical GroupCalifornia Supreme Court · 1985
- Hinman v. Westinghouse Electric Co.California Supreme Court · 1970
- American Bank & Trust Co. v. Community HospitalCalifornia Supreme Court · 1984
- Perez v. Van Groningen & Sons, Inc.California Supreme Court · 1986
- Bradley v. RosenthalCalifornia Supreme Court · 1908
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Unruh-Haxton v. Regents of University of CaliforniaCalifornia Court of Appeal · 2008
- Robles v. Agreserves, Inc.District Court, E.D. California · 2016
- Canister v. Emergency Ambulance Service, Inc.California Court of Appeal · 2008
- Jp Ex Rel. Balderas v. City of PortervilleDistrict Court, E.D. California · 2011
- Stiger v. FlippinCalifornia Court of Appeal · 2011
18 more not listed; retrieve them via the Exa API.