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Opinion filed November 21,1985. Order on motion seeking interest filed November 24,1986. Failing to ensure that non-employees, such as independent contractors or attending physicians, in the hospital meet the proper credentials
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Structural collapse is another issue in which a landlord could be held liable. A structural collapse could involve the whole house, but this problem is more common for staircases. If a tenant were injured in the structural collapse of a staircase, it must be proven that the landlord was at fault. While the plaintiffs did not wish to seek a lawsuit originally for this San Luis Obispo brain injury , the responsible doctor and hospital refused to provide any answers, compensation, or apologies for what they had done. The now-three-year-old child suffered brain trauma when being born after an over four hour second-stage of labor and prolonged pushing and crowning. The obstetrician responsible for the birth acted negligently in several instances, including not assessing contractions for 30 minutes, not performing an episiotomy, not attempting to vacuum, and not using forceps to assist in delivery. Trial court did not err in finding that appellant was not aggrieved and did not have standing to appeal the Commissioner's decision rejecting its recommendation to deny a certificate of public need application What this law known as Medical Injury Compensation Reform Act (MICRA) essentially did was limit the amount of money for pain and suffering - which is the physical and emotional distress caused by an injury - to $250,000. There is no limit on what patients can collect for loss of future wages and other expenses. So if a non-wage earner dies because of medical malpractice the maximum jury award would be $250,000 no matter what. As has been noted, this plea for outright abandonment of governmental immunity by judicial decision has to date been little heeded.
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