The Fifth Appellate District affirmed a judgment. The court held that reduction of a plaintiff’s jury award for non-economic damages from the wrongful death of her husband due to a physician’s professional negligence pursuant to the Medical Injury Compensation Reform Act did not violate her right to equal protection or jury trial.
Stanley Stinnett was treated by physician Tony Tam, who was a partner in Modesto Surgical Associates. Stanley died in 2006. Holly Stinnett, Stanley’s wife, sued Tam, Modesto Surgical, Memorial Medical Center of Modesto, and the Memorial Hospital Foundation of Stanislaus County for Stanley’s wrongful death due to professional negligence. The hospital settled. Tam and Modesto Surgical (collectively, Tam) went to jury trial.
