Medical Malpractice Protections Extended to EMTs While Driving

In February of this year, the California Court of Appeals extended the protections afforded to medical doctors under the Medical Injury Compensation Reform Act (MICRA) to emergency medical technicians (EMTs) who are in the process of transporting patients for medical care.

In the opinion by Justice Madeleine Flier, the Court of Appeal held that such protections were warranted since the services provided by EMTs were “inextricably identified” with the health and medical care of their patients. Further, the Court rejected the argument by the plaintiff, a Los Angeles police officer injured while riding along in the ambulance when it was involved in a collision, that MICRA protections could only be extended to those services to which an EMT was licensed. The court held that EMTs were licensed to provide transportation by the Department of Motor Vehicles’ special license and, therefore, were still protected by MICRA when involved in traffic accidents while transporting patients.

San Diego Man Awarded $5.7 Million for Undiagnosed Skin Cancer

It’s always nice to trumpet the accomplishments of friends and their deserving clients.

Last Friday, a San Diego Superior Court jury awarded $5.7 million verdict to a bedridden San Diego man who claimed a doctor failed to diagnose his skin cancer. Under the Medical Injury Compensation Reform Act, the award will be reduced to $1.9 million. The 1975 state act requires the court to cut general damages to $250,000 in medical-malpractice cases. It is the largest medical malpractice award in the state this year. The verdict came after a four week trial.

The jury agreed that the plaintiff, Regis M. Reilly, 53, suffered from life-threatening skin cancer after dermatologist James C. Powers failed to remove cysts on the right shoulder that eventually metastasized into cancer.

Reilly’s attorney, Denise Asher, said she was pleased by the size of the award because it represented a sum large enough to offset the trauma caused by the misdiagnosis.

“When you see pictures of the cysts, they are football-sized and deep in the tissue,” Asher said. Reilly went through a series of surgeries to remove the cancerous tissue. His wife, Karen Reilly, served as his nurse during the multiple surgeries and radiation treatments.

Reilly is confined to his home under around-the-clock medical care and had to be hospitalized during trial.

Good job, Denise.