Perry

In 1972, our Supreme Court held that when a patient gives permission to a doctor to perform one type of surgical procedure but the doctor performs a substantially different operation, “the requisite element of deliberate intent to deviate from the consent given is present” and a battery has been committed. (Cobbs v. Grant (1972) 8 Cal.3d 229, 239-240 [ 104 Cal.Rptr. 505 , 502 P.2d 1 ].)

In 1975, our Legislature enacted the Medical Injury Compensation Reform Act (MICRA), substantially changing the law governing medical malpractice actions. Among other things, the Legislature imposed a $250,000 limitation on noneconomic damages in any action “based on professional negligence,” with “professional negligence” defined as “a negligent act or omission to act by a health care provider in the rendering of professional services . . . .” (Civ. Code, § 3333.2, subds. (a), (c)(2).)

In 1985, our Supreme Court held that when a plaintiff proceeds on both non-MICRA and MICRA causes of action and obtains a recovery that may be based on a non-MICRA theory, another MICRA statutory limitation does not apply. (Waters v. Bourhis (1985) 40 Cal.3d 424, 437-438 [ 220 Cal.Rptr. 666 , 709 P.2d 469…