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California's MICRA Law Impedes Plaintiffs in Bringing Suit Against HMO for Physician Negligence
Health Administration Responsibility Project
Dec. 26, 2000 "When it is impossible to sue the HMO directly, as when it is protected by ERISA, it may be possible to sue a negligent treating doctor for medical malpractice, and hold the HMO vicariously liable for the doctor's actions. Unfortunately in California, this approach has its own problems, in the form of the Medical Injury Compensation Reform Act of 1975 (MICRA). This act limits damages recoverable in medical malpractice suits as follows:" MORE >> |
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