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eBook details

• Title: Roa V. Lodi Medical Group Inc.
• Author : Supreme Court Of California
• Release Date : January 07, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 93 KB

Description

This is the third in a series of cases involving the constitutionality of various  provisions of the Medical Injury Compensation  Reform Act of 1975 (MICRA). In American Bank & Trust Co. v. Community Hospital (1984) 36 Cal. 3d 359 [204 Cal. Rptr. 671, 683 P.2d 670], we upheld a provision of the act which authorizes the periodic payment of damages in medical malpractice actions. (Code Civ. Proc., § 667.7.) In Barme v. Wood (1984) 37 Cal. 3d 174 [207 Cal. Rptr. 816, 689 P.2d 446], we concluded that a provision of the act barring a "collateral source" from obtaining reimbursement from a medical malpractice defendant was also constitutional. (Civ. Code, § 3333.1, subd. (b).) In this case we address a challenge to Business and Professions Code section 6146, which places limits on the amount of fees an attorney may obtain in a medical malpractice action when he represents a party on a contingency fee basis.*fn1 As in American Bank and Barme, while we express no view as to the wisdom of the measure, we conclude that the legislation is constitutional.

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