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Christmas Day. They were not in his chart on the 26th at 7:30 a.m. Cyndi sued the hospital and three doctors. The case was settled two years later, with the swing shift, the day doctor and the hospital being held liable for misdiagnosing John’s condition. With MICRA’s limit on the non-economic damages the family did not receive enough to cover their expenses. A formula decided John would retire at 57 so the award was smaller. The formula also took away 23 percent of the settlement that would have been John’s personal money, since he is not here to spend