Medical Malpractice
Failure to Diagnose Prostate Cancer
Misdiagnosed Brain Aneurysm
Failure to Diagnose Brain Injury
Misdiagnosed Cervical Cancer
Failure to Diagnose Cervical Cancer
Misdiagnosed Breast Cancer
Misdiagnosed Thyroid Cancer
Improperly Treated Leg Ulcer
Wrongful Life
Necrotizing Fasciitis
Misdiagnoses of Strep Throat
Bodily Injury/Property Damage
Brain/Head Injury
Wrongful Death
Motor Vehicle Accidents
Civil Rights
Wrongful Termination

MISDIAGNOSED BREAST CANCER

Practice Area: Medical Malpractice, Bodily Injury

Lathrop v. Healthcare Partners Medical Group
San Francisco Superior Court

Terry Lathrop, who had a misdiagnosed breast cancer, and her husband were awarded nearly $2.7 million by a San Francisco jury. The Lathrop case is unusual because the trial court refused to apply the $250,000 cap to the defendant upon finding that it was not a licensed healthcare provider.

Under the Medical Injury Compensation Reform Act (MICRA), non-economic damages caused by licensed health care providers are limited to $250,000. In the Lathrop case, the trial court determined that Healthcare Partners was not a licensed health care provider and refused to reduce the verdict.

After the court's decision, the other defendants settled. Healthcare Partners appealed to the 1st District Court of Appeals. For the first time, the Court of Appeals held that an unlicensed medical group is not a health care provider under MICRA and, to the extent that an unlicensed medical group is found to be directly liable for plaintiff's injury, MICRA does not apply.

Resolution: Confidential

 

Articles Relating to this Case

Couple Awarded $2.7M for Failure to Diagnose Cancer
Claims Outside of MICRA Against Medical Groups in Light of Lathrop v. Healthcare Partners

Does Tort Reform Protect Groups, Too?


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