We are pleased to announce that Michael J. Trotter is this year’s (2020) recipient of the American Board of Trial Advocates (ABOTA), Los Angeles Chapter Lee B. Wenzel ABOTA Civility Award.

The award honors attorneys for civility and professionalism in the courtroom and the practice of law who “elevate the standards of integrity, honor, and courtesy in the legal profession”.

Carroll, Kelly, Trotter & Franzen is pleased to announce the following partners of the firm in 2019:

N. Ben Cramer (San Diego)

Callan W. Franklin (Long Beach)

Michael T. Mertens (San Diego)

In Flores, the Court of Appeal refused to apply the MICRA one-year statute of limitations to the circumstance of a hospital patient falling when the rail of a hospital bed collapsed. Instead, the Court of Appeal applied the two-year statute generally applicable to other types of personal injury actions. That decision would have necessarily also deprived the hospital of other MICRA protections, including the $250,000 limit on noneconomic damages.
On May 21, 2013, all seven justices of the California Supreme Court voted to grant review (four votes needed).

Among the arguments asserted in support of the request for review was that a hospital is a health care provider and part of its professional obligation is to provide patients with beds and to provide for patients’ safety. Because the injury alleged in Flores arose from the alleged failure of the hospital to comply with its duties of its license as a health care provider, it was asserted to the Supreme Court that MICRA should apply.

The immediate effect of the grant of review is that the decision of the Court of Appeal is no longer citable authority. No litigant or court in California can now point to the Court of Appeal’s decision in Flores to support any argument or ruling.

Hopefully, the Supreme Court granted review because it disagreed with the reasoning of the Court of Appeal and will render a decision instructing that MICRA is to be applied to all cases alleging acts or omissions connected with the duties of a health care provider’s license.

This presentation attempted to highlight the pitfalls commonly faced in depositions involving wound care. Matthew Trotter also presented “Charting 101″ on September 26, 2011 to the nurses and staff at West Anaheim Medical Center. These presentations focused on the issues commonly addressed in nursing depositions.