Medical Malpractice leads to wrongful death 474
April 6th, 2012 
admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Stinnet v Tam 198 Cal.App.4th 1412 (5) (2011) Medical malpractice wrongful death trial verdict, $6M noneconomic damages, reduced to $250K, CC § 3333.2. San-Diego-Auto-Accident-lawyer Stinnet appealed, arguing rationale for MICRA in 1975 (malpractice insurance emergency) no longer exists. $250K cap is equivalent to $59K in 1975 dollars, thus is no longer rationally related to legitimate goal. Affirmed. [1] While a law depending on certain state of facts may be attacked if those facts no longer exist , MICRA was based on state’s rational interest of reducing malpractice insurance costs. Not court’s function to determine when constitutionally valid legislation has served its purpose. [2] Equal protection argument also fails as rationally relate to goal. Dissent on equal protection where trial court failed to consider the evidence submitted. San Diego personal injury attorney.