The Alexander Law Group does not accept clients with medical malpractice lawsuits. There are several reasons.
Since 1977, California’s Medical Insurance Compensation Reform Act, known as MICRA, limits the amount of money which an injured person can be recovered as “non-economic” damages in any medical malpractice case, also known as general damages, which are separate from economic losses due to lost income and the need for future medical care.
General damages are the major element in personal injury claims and include compensation for past and future pain and suffering, mental and emotional distress, scarring and disfigurement in the case of injury. Under MICRA the maximum amount for non-economic damages is $250,000.00 in medical malpractice cases. In other words, one size fits all.
That rule tragically reduced a jury’s evaluation of catastrophic injuries suffered by Casandra Green, then 37 years old and the mother of five children, who entered Temple Hospital for elective gynecological surgery to reopen her blocked fallopian tubes. Dr. Franklin was the anesthesiologist during that procedure. As a result of Franklin’s malpractice, Mrs. Green suffered both respiratory and cardiac arrest. She sustained permanent brain damage and was rendered a quadriplegic.
In 1977 a Los Angeles jury awarded her $5.5 million in general damages for the travesty inflicted on her. That would be a $20 million award in today’s dollars.
The Court of Appeals overruled the verdict and pursuant to MICRA reduced Mrs. Green’s general damages to $250,000. That is an outrageously disgusting and repugnant result. But it is the law. A classic case of the law being an ass.
MICRA was designed to prevent lawyers from taking on medical malpractice cases and it has been effective. We have chosen to focus our skills and financial resources for clients for whom we can more effectively make a difference where there are no artificial barriers to full and complete compensation when someone is badly injured. Our record is listed below.
Prosecuting claims for medical malpractice is extremely expensive. On the other hand, medical defendants and their very wealthy insurance companies are not limited in what they can spend paying their lawyers. All in all, it is a very profitable business for the insurers. California Doctors’ Insurance is the most lucrative and profitable insurance company for doctors and hospitals in the nation. All made possible by MICRA.
Anyone injured by a healthcare provider is facing a very uphill battle.
There is a further impediment. California’s statute of limitations for personal injuries requires the filing of a lawsuit within two years of harm, except in medical negligence cases.
California law imposes rigid limits on when a victim must file a medical malpractice lawsuit.
Under Code of Civil Procedure, section 340.5, a medical malpractice complaint against a private practitioner or facility must be filed within three (3) years from the date of injury, or within one (1) year from the date when the plaintiff was first aware, or reasonably should have been aware, of the injury and its possible negligent cause, whichever occurs first.
Appropriate legal action must be taken within the statutory time limits, or the plaintiff is forever barred from initiating any claim for medical negligence and the claim is outlawed, never to be enforced. The bar of the statute of limitations defense is absolute. File one day late and you lose automatically.
Out of an abundance of caution anyone with a medical malpractice claim should calculate the one-year statute of limitations starting with the earliest date when actual injury was first suspected. Always selected the earliest date when malpractice was possibly suspected to calculate the statute of limitations.
There are many cases and lawsuits in which we do extraordinarily well fighting major corporations in major injury and death cases because we have a level battlefield where the truth can win out.
Unfortunately, in medical malpractice cases there is no level battlefield available to you or to us.
We empathize and understand the frustration of being injured by medical negligence and then being re-injured by a legal system that voters have repeatedly approved, as recently as November 2014 with a 59% vote.
And just to be clear we despise this law and the fact that it has given protected status to doctors and hospitals, across the board. It is a travesty of inhumanity. We have sincerely wanted it to be changed for years and are disheartened that an initiative set to be on the ballot in 2020 to increase the limit on damages won’t be presented to voters until 2022 as a result of the pandemic.
Nobody who is injured or damaged by medical negligence can believe how bad California law is until it impacts them and their family.
Outstanding Credentials Benefit our Clients
- Rated 10/10 “superb” by Avvo.com an independent review
- Rated 5.0/5.0 AV “Preeminent” evaluation by Martindale-Hubbell
- Best Lawyers – national recognition
- National Recognition New York Times Power Lawyers of Distinction
- Esteemed Lawyers of America, a peer selected honor
- U.S. News Best Law Firms in the United States
- Top 100 California Lawyers, American Trial Lawyers Association
- Northern California “Super Lawyer”
- Street Fighter of the Year statewide twice honored nominee
- Leading Lawyer, San Jose Magazine
- Million Dollar Advocates Forum Roundtable
- Recognized Trial Lawyer by Consumer Attorneys of California
- Santa Clara County Trial Lawyer of the Year
- First “Man of the Year” by The Women’s Fund
- Distinguished Humanitarian Award, Bnai Zion Foundation
- Silicon Valley Toxics Coalition Award for Community Service
- Santa Clara School of Law Community Law Center Award
- Pro Bono Award Santa Clara Center for Occupational Safety
- Santa Clara County Youth Commission Medal
- Who’s Who in California
- Who’s Who in American Law
- First molested child verdict in Santa Clara County 1984
- Served as President Santa Clara County Bar Association
- Served as Governor The State Bar of California
- Founding Officer California Attorneys for Criminal Justice
- Served as Governor and Vice President California Consumer Attorneys
- Owens-Illinois Scholar, Ohio Wesleyan University
- National Honor Scholar, The Law School, University of Chicago
- Author of 1,300 articles and blogs, including 5 peer reviewed law review articles
Consistently Delivering Exceptional Results Year After Year*
$79,860,000 trial verdict for defective surgical stapler. Largest defective product verdict in California.
$28,000,000 judgment for child abuse.
$1,150,000 recovery against county for a dangerous sidewalk causing disabling fractured arm
$1,050,000 trial verdict compression fracture suffered by HVAC journeyman
$2,100,000 trial verdict fractured arm and shoulder parking lot hazard at Denny’s Restaurant
$7,500,000 recovery for seniors crushed by VTA bus
$3,000,000 for multiple fractures by a pedestrian struck by a truck
$1,000,700 trial verdict defective ladder caused lumbar compression fracture
$6,625,000 high-voltage catastrophic burns caused by failure to maintain powerline right-of-way
$1,900,000 severe fractures cervical vertebrae C4-5 and C5-6 defective car seat
$1,225,000 fractures caused by truck smashing a stalled car
$1,200,000 fall injuries defective train boarding ramp
$1,000,000 neck fractures caused by a commercial gym’s dangerous foam pit
$1,100,000 mild traumatic brain injury caused by collision
$10,000,000 confidential recovery for a defective fuel system causing lifetime scars and a teenage death
$8,300,000 for death and severe crush injuries caused by a teenager with a $15,000 policy.
$10,100,000 trial judgment for child found 66% at fault running into street; $50,000 insurance policy.
$8,132,000 jury verdict for brain injury caused by a big rig
$11,000,000. C-6 quadriplegia recoveries against dairy truck
$4,000,000 police brutality; shotgun face wound
$1,800,000 head injury in rollover near Santa Fe, New Mexico
$15,500,000 electrical burn injuries
$5,200,000 severe facial and orthopedic injuries defective Route 17 intersection
$4,250,000 birth defects caused by mother’s exposure to chemicals at work
$4,500,000 L-1 paraplegic motorcycle crash; $30,000 insurance policy
$2,570,259 fire damage caused by Caltrans
$8,500,000 triple amputation suffered by trespassing teen in Washington, D.C.
$1,750,000 foot amputation for bicyclist crossing Highway 1 at night
$1,500,000 wrongful death caused by defective tire and rollover New Mexico
$3,500,000 spinal cord injury caused by rollover
$3,200,000 death of a Las Vegas student caused by defective tire and rollover
$2,650,000 amputation recovery
$5,000,000. C-7 quadriplegia freeway rollover in Multnomah County, Oregon
$2,300,000 wrong death recovery against drunk driver.
$1,450,000 adoption fraud recovery against San Mateo County
$1,650,000 in wrongful adoption recoveries against Tulare County
$1,800,000 for birth defects from exposure to solvents during pregnancy
$1,182,292 jury verdict for theft by warehouse owners
$200,000,000 first U.S. “buy back” of defective Nissan minivans from 33,000 owners
$180,000,000 Richmond Sulfuric Acid Cloud chaired the Medical Causation Committee
$120,000,000 One of eight firms winning repair 3,300,000 Chrysler minivans hatch locks
$550,000,000 key executive committee lawyer against General Motors for 5,500,000 owners of defective 1973-87 C and K model pickups with saddlebag gas tanks in Natchitoches Parish, Louisiana
$2,000,000 property damage recovery for arsenic pollution in Sutter Creek
Confidential: 240 IBM workers and families for birth defects and cancer
Confidential: brutal asphyxiation murder by San Jose Police Department
Confidential: police gross negligence wrongful death Modesto Police Department.
*Not a guarantee of future outcomes, but evidence of the first class work provided our clients.
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IBM, Ford, General Motors, Chrysler, BMW, British Leyland, Nissan Motors, Honda, Johnson & Johnson, Ethicon Endo, Boys Scouts of America, Safeway, Albertsons, Denny’s, 7-Eleven, Pacific Gas & Electric, Idaho Power, Varco International, Marriott, Host Hotels & Resorts, General Electric, Conrail, Amtrak, British Leyland, Champion Papers, DAP, Werner Ladders, Owens-Illinois, Select Hotels Group, Subway, Kappa Kappa Gamma, Amica Mutual Insurance, Professional Rodeo Cowboys Association, Olin, XPO Logistics Trucking, Crestline Hotels & Resorts, Union Pacific Railroad, Westfield Corporation, Security Risk Management, Hitachi Global Storage Technologies, Southern Pacific Railroad, Pebble Beach Resorts, National Retail Properties, Triumph, CH2MHill, Dollinger Properties, Southern Pacific Railroad, B.F. Goodrich, Uniroyal, U.S. Plywood, Market Transport Trucking, Keller Industries, Firestone, DuPont, Shell Oil, Amoco, Chevron, Texaco, Dow Chemical, Olin, Union Oil, Northstar Trucking Lines, United Technologies, Pratt & Whitney, National Carbide, Consolidated Freight Way Trucking, Exxon Mobile, Bausch & Lomb, Sears, Nationwide Insurance, Allstate Insurance, Fluor Corporation, State of California, US government, Caltrans, multiple cities and counties.
Nationwide Experience in 24 States
Have represented plaintiffs in state and federal courts in Alabama, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Louisiana, Michigan, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, Virginia, Wisconsin and the District of Columbia.