In a recent opinion, the California Court of Appeal addressed a case involving medical malpractice and the plaintiff’s allegations that she was prejudiced by the trial court’s instruction on comparative negligence. The appellate court stated that the test for reversing a judgment on appeal is whether the error caused a miscarriage…
Recently, the California Supreme Court addressed the statute of limitations for a personal injury action alleging professional negligence against health care providers. Unlike most personal injury actions, which must be filed within two years of the date of the underlying act or omission, professional negligence actions must be brought within…
In a wrongful death lawsuit, the California Court of Appeals addressed the standard of care applicable to medical staff, including physicians and surgeons as well as nurses and hospitals in general. Yvonne Lattimore brought a wrongful death action against the doctors and the medical system at Salinas Valley Memorial Healthcare System…
The California Court of Appeal recently held that the one-year statute of limitations is tolled when a payment is made for medical malpractice actions. Statutes of limitations determine the time period within which a legal claim is to be filed. After the specified period has passed, those legal claims cannot…
A rollover car accident transformed into a medical malpractice action when a man seeking treatment for his injuries allegedly had a piece of glass left in his scalp over a period of several months. In the case, Li v. Mojaddidi, Cal. Ct. App. (2015), the plaintiff was involved in a…
In a recent medical malpractice case, Maher v. County of Alameda, 223 Cal. App. 4th 1340 (2014), the California Court of Appeals had before it the issue of what constitutes a foreign body for the purposes of tolling the relevant statute of limitations. The plaintiff was treated by several healthcare professionals…
In a recent Supreme Court of California decision, Rashidi v. Moser, 339 P. 3d 344, the court had before it a medical malpractice case involving three separate defendants: a doctor, a hospital, and a medical product manufacturer. According to the complaint, the plaintiff underwent surgery following a severe nosebleed. During the…
In a recent California Court of Appeals opinion, Hoffman v. Superior Court of Los Angeles County, Cal. Ct. App (2014), the court decided the issue of the properness of the lower court’s decision to strike an expert witness declaration in a medical malpractice case, which accompanied a motion for summary judgment on…
In a very difficult to discuss fact scenario, Arroyo v. Plosay, 225 Cal. App. 4th 279 (2014), the California Court of Appeals, 2nd Dist., reached a decision regarding the disposition of a case that alleged wrongful death and medical malpractice in the treatment of a woman whom plaintiffs suspected had been wrongfully…