Health Care & Hospital Law,
Civil Litigation
Apr. 30, 2020
MICRA limits loss caused by physician assistants’ unsupervised acts
The 2nd District Court of Appeal created a bright-line rule that a physician assistant acts within the scope of his or her license for purposes of MICRA if he or she has a legally enforceable agency agreement with a supervising physician, regardless of the quality of actual supervision.
Andrew J. Chan
Attorney
Dental & Medical Counsel, PC
Phone: (925) 999-8200
Email: ac@dmcounsel.com
University of Miami SOL; Coral Gables FL
California's Medical Injury Compensation Reform Act of 1975 has limited compensable noneconomic damages against professionally negligent healthcare providers since its inception. Cal. Civ. Code Section 3333.2(b). MICRA limits damages for negligent professional services causing personal injury or wrongful death if the services are (1) "within the scope of services for which the provider is licensed" and (2) "not within any restriction imposed by the licensing agency or...
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