Professional Negligence – Medical

Useful Rulings on Professional Negligence – Medical

Recent Rulings on Professional Negligence – Medical

RUTH XIAOYU ZHANG VS NESTOR H. LLERNA

Negligence 4. Breach of Civil Code § 2079 5. Breach of Contract On January 26, 2018, the court granted The Llerenas’ motion for summary judgment. On February 9, 2018, the “Order Granting Defendants Nestor H. Llerena and Myrna T. Llerena’s Motion for Summary Judgment as to Plaintiffs’ First Amended Complaint” was filed. On February 26, 2018, Plaintiffs filed a Notice of Appeal.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MIRNA AMAYA VS THE SALVATION ARMY

Board of Medical Examiners (1974) 11 Cal.3d 1, 21.) d. Law Governing Standard of Care A store owner is not the insurer of its patrons’ personal safety but does owe patrons a duty to exercise reasonable care in keeping the premises reasonably safe. (Moore v. Wal–Mart Stores, Inc. (2003) 111 Cal.App.4th 472, 476, citing Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.)

  • Hearing

    Jul 13, 2020

GUERRERO VS. BALLARD

The elements for a cause of action for professional negligence is the same as that of negligence: (i) that defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the proximate or legal cause of the resulting injury. (Flowers v. Torrance Memorial Hosp. Med. Ctr. (1994) 8 Cal.4th 992, 997-998; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Motion for Summary Judgment as to Defendant Dr. Ho. Defendant Dr.

  • Hearing

    Jul 13, 2020

GUERRERO VS. BALLARD

The elements for a cause of action for professional negligence is the same as that of negligence: (i) that defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the proximate or legal cause of the resulting injury. (Flowers v. Torrance Memorial Hosp. Med. Ctr. (1994) 8 Cal.4th 992, 997-998; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Motion for Summary Judgment as to Defendant Dr. Ho. Defendant Dr.

  • Hearing

    Jul 13, 2020

RANDY MCCLOUD VS SOUTHERN CALIFORNIA HOSPITAL AT CULVER CITY

These facts allege negligence in the rendering of medical services, but they also allege neglect and failure to meet the applicable standard of care, as the treatment was excessively slow, examination was insufficient, and it took four days for Plaintiff to receive care in an emergent situation.

  • Hearing

    Jul 10, 2020

XIAOFAN SUN VS HRC FERTILITY CLINIC, ET AL.

Merits Professional Negligence A medical malpractice action must establish: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. (Tortorella v. Castro (2006) 140 Cal. App. 4th 1, 4, fn. 2.)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

TIFFANIE CALDWELL, ET AL. VS SAMAN BEHNAM, ET AL.

Motion to Strike Emotional Distress Damages “[M]ere negligence will not support a recovery for mental suffering where the defendant's tortious conduct has resulted in only economic injury to the plaintiff…. where a plaintiff sufficiently alleges intentional or affirmative misconduct by an attorney or noneconomic injury resulting from an attorney's professional negligence, recovery of emotional distress damages is permitted.” (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1040.)

  • Hearing

    Jul 10, 2020

SARA GHAFARI VS ALI HOSSEIN ZADEH, D.D.S., ET AL.

V.DISCUSSION In a medical malpractice action, a plaintiff must establish the following elements: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. [citations.]” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.)

  • Hearing

    Jul 10, 2020

SUSAN KEETON, ET AL. VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

CCP § 340.5 states, “In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

JUAN CASTRO ET AL VS KEVIN SUK M D ET AL

SGA MSJ Merits Medical Negligence A medical malpractice action must establish: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. (Tortorella v. Castro (2006) 140 Cal. App. 4th 1, 4, fn. 2.)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

HUYNH, ET AL. V. MISSION DE LA CASA NURSING AND REHABILITATION CTR., ET AL.

Nevertheless, our conclusion that the Legislature intended the Elder Abuse Act to sanction only egregious acts of misconduct distinct from professional negligence contravenes any suggestion that, in defining “elder abuse” to include failure to provide medical care, the Legislature intended that health care providers, alone among elder custodians, would enjoy under the Act the procedural protections they enjoy when sued for negligence in their professional health care practice.

  • Hearing

    Jul 09, 2020

STEVEN POWERS VS MARCOS VIVIAN, ET AL.

Plaintiff has submitted declaration or other documentation from a medical professional in support of his contention that he is at “elevated vulnerability.” In reply, Plaintiff contends that he is entitled to trial preference because he is over 70 years of age and has attested to having ventricular tachycardia, a life-threatening condition. (Reply, 2-4.)

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    other

RICHARD SEGURA, ET AL. VS MATTHEW D. DUNN, M.D., ET AL.

In a medical malpractice action, a plaintiff must establish the following elements: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. [citations.]” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.)

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BALDOMERO ENRIQUEZ VS LOS ANGELES COUNTY CIVIL SERVICE COMMISSION, ET AL.

Section 3-01/000.10 (Professional Conduct) All Department members shall be held accountable for their actions, conduct, and speech when these behaviors conflict with Our Core Values. Mission. or Creed. Personnel who cause undue embarrassment or damage the reputation of and/or erode the public's confidence in the Department shall be deemed to have violated this policy. AR 702. 5.

  • Hearing

    Jul 09, 2020

  • Type

    Administrative

  • Sub Type

    Writ

JEFF GRABOW VS NEELAKANTAN ANAND, MD, ET AL.

BACKGROUND On May 10, 2019, Plaintiff Jeff Grabow (“Plaintiff”) filed a complaint for negligence against Defendants Neelakantan Anand, M.D.; Eli Baron, M.D.; and Cedars Siani Medical Center. Plaintiff alleges medical malpractice in the complaint in relation to deficient medial treatment rendered in 2017. On May 23, 2020, Plaintiff filed a first amended complaint. On October 16, 2020, Plaintiff filed a second amended complaint.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

HELEN DOMINGUEZ ET AL VS JAMES B KIRK MD ET AL

Stringent statutory requirements must be met before punitive damages can be alleged in a professional negligence action against a health care provider: In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed.

  • Hearing

    Jul 09, 2020

TALIN KESHISHIAN VS HENRY MAYO NEWHALL MEDICAL HOSPITAL ET A

Plaintiff remained a patient at Henry Mayo until 8/31/17 when she was transferred to Cedars Sinai Medical Center. While at Henry Mayo, Plaintiff was treated by Dr. Contreras, among other physicians and surgeons. Plaintiff’s claim against Dr. Contreras arises out of his rendering of professional services to Plaintiff. Therefore, any negligence in rendering those services is medical negligence, not general negligence. See Bellamy (1996) 50 CA4th 797, 799; Flowers (1994) 8 C4th 992.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SUSAN CHAN CHOW ET AL VS MA LEYBA ET AL

Wrongful Death, Medical Malpractice, & Survival Action A cause of action for professional negligence (medical malpractice) requires the following elements: (1) duty of care owed plaintiff to use such skill, prudence and diligence as other members of the profession commonly possess and exercise; (2) breach; (3) causation; and (4) damage. (Burgess v. Superior Court (1992) 2 Cal. 4th 1064, 1077.)

  • Hearing

    Jul 09, 2020

ELMAR PEREZ VS WB SIMI VALLEY CDJR, LLC, ET AL.

This subdivision shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295. (CCP § 1281.2.) Discussion Existence of an Arbitration Agreement Under both the Federal Arbitration Act and California law, arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. (Winter v.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOSEPH K COFEY VS P.L.S. CHECK CASHING

Second Cause of Action for Professional Negligence The demurrer is sustained with 20 days leave to amend. Plaintiff fails to state facts sufficient to constitute a cause of action, and the cause of action is uncertain.

  • Hearing

    Jul 09, 2020

JEFF GRABOW VS NEELAKANTAN ANAND, MD, ET AL.

BACKGROUND On May 10, 2019, Plaintiff Jeff Grabow (“Plaintiff”) filed a complaint for negligence against Defendants Neelakantan Anand, M.D.; Eli Baron, M.D.; and Cedars Siani Medical Center. Plaintiff alleges medical malpractice in the complaint in relation to deficient medial treatment rendered in 2017. On May 23, 2020, Plaintiff filed a first amended complaint. On October 16, 2020, Plaintiff filed a second amended complaint.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ADAM NADELSON MD VS. MEDICAL BOARD OF CALIFORNIA

In June 2017, Nadelson entered into a Consent Order with the Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation (the "Illinois Board"). The Consent Order was based on the Illinois Board's finding "that at Rush University Medical Center, you completed and signed your Postgraduate Training Verification using the program director's signature stamp without the program director's direct knowledge or permission."

  • Hearing

    Jul 08, 2020

ADAM NADELSON MD VS. MEDICAL BOARD OF CALIFORNIA

In June 2017, Nadelson entered into a Consent Order with the Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation (the “Illinois Board”). The Consent Order was based on the Illinois Board’s finding “that at Rush University Medical Center, you completed and signed your Postgraduate Training Verification using the program director’s signature stamp without the program director’s direct knowledge or permission.”

  • Hearing

    Jul 08, 2020

CHARLES BERNARD DAVIS, SR. V. MARIANA LOTERSZTAIN, ET AL.

“[A]s a matter of statutory interpretation, [the] act of a doctor or other such professional who, in the course of treatment of a prisoner, fails to prescribe and/or provide the correct medication is [not] the legal equivalent to a failure to summon medical care as set forth in [Government Code section 845.6].” (Nelson v. State of California (1982) 139 Cal.App.3d 72, 80-81.)

  • Hearing

    Jul 08, 2020

JESUS IGNACIO VALENZUELA, ET AL. VS LAWNDALE HEALTHCARE & WELLNESS CENTRE LLC, ET AL.

“As used in the [Elder Adult and Dependent Adult Civil Protection] Act, neglect refers not to the substandard performance of medical services but, rather, to the ‘failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.’” (Ibid.) To distinguish dependent adult abuse from professional negligence, there must be a showing of recklessness, fraud, malice, or oppression. (Ibid.)

  • Hearing

    Jul 08, 2020

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