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San Diego Law Review

Authors

Louis Arnell

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

This Comment examines the effects of the tort reform provisions of the Medical Injury Compensation Reform Act of 1975 (MICRA). The author argues that MICRA divests medical malpractice victims of the traditional protections governing personal injury litigation, while granting broad immunity to negligent health care providers. The author examines the discriminatory effects created by MICRA and argues that its sweeping tort reforms undermine California's policy of fault-based liability. The author concludes by calling on the California legislature to amend MICRA and provides several suggestions for revision.

Included in

Torts Commons

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