Medical Malpractice

Ostensible Agency – Medical Services

Whitlow v. Rideout Memorial Hospital, (Third District, June 9, 2015) 237 Cal.App.4th 631, 188 Cal. Rptr.3d 246, 15 Cal. Daily Op. Serv. 5902, 2015 Daily Journal D.A.R. 6373. The children of a woman who died from a massive brain hemorrhage two days after being treated for a headache at a hospital emergency room, filed an…

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Medical Malpractice — Negligent Infliction of Emotional Distress

Phyllis Keys v. Alta Bates Summit Medical Center (1st Dist., February 23, 2015/March 25, 2015)    — Cal.Rptr.3d. —- The sister and daughters of a woman who died following thyroid surgery, filed an action for wrongful death against the medical centerwhere the surgery was performed.  One of the daughters and the decedent’s sister also asserted…

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Medical Malpractice — Causation Instructions

Uriell v. Regents of University of California (4th Dist., January 29, 2015) 234 Cal.App.4th 735, 184 Cal.Rptr.3d 79, 15 Cal. Daily Op. Serv. 1788, 2015 Daily Journal D.A.R. 2028 The family of a woman who died as a result of breast cancer filed an action for medical malpractice against Regents of the University of California. The…

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Medical Malpractice — Advance Payment Tolling

Blevin v. Coastal Surgical Institute, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 310, 2015 Daily Journal D.A.R. 383 A patient who developed a bacterial infection after knee surgery as a result of contaminated surgical equipment filed an action for medical malpractice against the surgical facility where the surgery was performed. The defendant contended that the…

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Medical Malpractice: Physician-Patient Privilege

Snibbe v. Superior Court, (Second District, February 27, 2014) 224 Cal.App.4th 184, 168 Cal.Rptr.3d 548, 14 Cal. Daily Op. Serv. 2156, 2014 Daily Journal D.A.R. 2450 The sons of a woman who died following hip replacement surgery filed an action for wrongful death against a medical center, the physician who performed the surgery, and the…

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Medical Malpractice: Statute of Limitations

Maher v. County of Alameda, (First District, February 18, 2014) — Cal.Rptr.3d —-, 2014 WL 605904 A man who suffered severe complications from a temporary biliary stent which had been inadvertently left in his abdomen following surgery, filed suit against the physicians who had performed the surgery and the medical center. The plaintiff alleged that…

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MICRA: Intentional Torts

Yun Hee So v. Sook Ja Shin, HP, (Second District, January 3, 2013) 212 Cal.App.4th 652, 151 Cal.Rptr. 34d 257, 13 Cal. Daily Op. Serv. 168, 2013 Daily Journal D.A.R. 153 A woman who awoke while under anesthesia during a D & C procedure following a miscarriage, filed an action against the anesthesiologist as well…

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