Professional Negligence – Medical

Useful Rulings on Professional Negligence – Medical

Recent Rulings on Professional Negligence – Medical

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

Proof of negligence, gross negligence, or recklessness is insufficient to warrant an award of punitive damages. (Dawes v. Sup.Ct. (Mardian) (1980) 111 Cal.App.3d 82, 88–89.) Punitive damages may be recovered in an action for negligence or other nonintentional torts if the plaintiff pleads and proves that the defendant acted with the state of mind described as “conscious disregard” of the potential dangers to others. (Pfeifer v. John Crane, Inc.¿(2013) 220 Cal.App.4th 1270, 1299.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JIN HONG VS MICHELLE KIM, ET AL.

Rules of Professional Conduct [3-200] Violation Business and Prof. Code Violation RICO/Hobbs Act Violation Professional Negligence On July 27, 2020, Dinglasan’s default was entered. On October 7, 2020, this case was transferred from Department 28 of the Personal Injury Court to this instant department. A Status Conference is set for December 1, 2020. Discussion The hearing on the demurrer is CONTINUED to January 7, 2021 at 10:00 a.m. (Code Civ. Proc., §§ 128; 430.41[2].)

  • Hearing

CHRISTOPHER POLANCO VS. LOS ROBLES REGIONAL MEDICAL CENTER

Analysis: Medical Negligence The first cause of action against Dr. Armagan is the claim for medical negligence. The elements of a cause of action for professional negligence are: (1) the duty of the professional to use such skill, prudence and diligence as other members of his profession commonly possess and exercise; (2) 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 negligence.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

MOHINDER KAUR , ET AL. VS GAGANDEEP RAHI, M.D., ET AL.

DISCUSSION Professional negligence requires: (1) a duty of care owed to plaintiff to use the skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) breach of that duty of care; (3) causation; and (4) damages. (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1077.) In a medical malpractice action, the standard of care and its breach are usually established by expert testimony. (Avivi v. Centro Medico Urgente Medical Center (2008) 159 Cal.App.4th 463, 467.) A.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ANGEL DIAZ, ET AL. VS ADVENTIST HEALTH SYSTEM/WEST, A CALIFORNIA NONPROFIT CORPORATION, ET AL.

Merits – First Cause of Action (Medical Malpractice) – In any medical malpractice action, the plaintiff 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.

  • Hearing

NANCY RAUEN, AN INDIVIDUAL VS K&K FOODS, INC., A CALIFORNIA CORPORATION, ET AL.

Defendants also argue they are entitled to medical records pertaining to Plaintiff's alcohol usage because some evidence indicates that alcohol may have been at issue in the subject incident. (Oppo., Ex. 1.)

  • Hearing

YADIRA VELASQUEZ VS NORTHGATE GONZALEZ MARKETS, INC., A CALIFORNIA CORPORATION, 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.” (Code Civ. Proc., §1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) Such enforcement may be sought by a party to the arbitration agreement. (Cal. Code Civ. Proc., § 1280, subd. (e)(1).)

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

JANE ROE VS JAMES A MACER, M.D., ET AL.

Merits – First Cause of Action (Professional Negligence) – In any medical malpractice action, the plaintiff 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.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BRITTANY GONZALES VS WILLARD MAYNARD ET AL.

After Los Angeles County denied Life’s late claim as untimely and also denied his application for leave to present a late claim, Life filed a complaint against the County alleging medical negligence. The trial court granted County’s motion for summary judgment on the ground that Life had failed to timely present a claim. The Court of Appeal affirmed, reasoning that “Life's presentation of the claim to the hospital's legal department was insufficient.

  • Hearing

NOYEMI KAROYAN, AN INDIVIDUAL VS HYUNDAI OF GLENDALE, LLC A BUSINESS ENTITY EXACT FORM UNKNOWN, 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.” (Code of Civ. Proc., §1281.2.) The party petitioning to compel arbitration under written arbitration agreement bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and party opposing petition must meet the same evidentiary burden to prove any facts necessary to its defense.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

YADIRA VELASQUEZ VS NORTHGATE GONZALEZ MARKETS, INC., A CALIFORNIA CORPORATION, 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.” (Code Civ. Proc., §1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) Such enforcement may be sought by a party to the arbitration agreement. (Cal. Code Civ. Proc., § 1280, subd. (e)(1).)

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

DEE ANN ABELAR ET AL VS JOHN R DINGILIAN M.D. ET AL

As to the loss of consortium claim, because the Professional Negligence claim fails, plaintiff Brian Abelar’s Loss of Consortium claim also fails. (Blain v. Doctor's Co. (1990) 222 Cal.App.3d 1048, 1067.) Accordingly, defendant Jeffrey Mora, M.D.’s Motion for Summary Judgment is GRANTED.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

MADHU VIJAYAN VS KEVIN SANDS, DDS

Though the relevant cause of action is fraud, not negligence, the gravamen of plaintiff’s claim is medical negligence, per Davis. Plaintiff alleges defendant misrepresented the nature of the medical treatment he would provide, and plaintiff suffered damages. The heightened standard for pleading punitive damages against a medical provider applies. As plaintiff’s supplemental brief exceeds the seven-page limit (9/24/2020 minute order at pg. 3), the court disregards all portions of the brief after pg. 7.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

NOEL LUSTIG, M.D., INC., A CALIFORNIA CORPORATION DOING BUSINESS AS PSYCHIATRIC MEDICAL GROUP VS MARC L. NEHORAYAN, M.D., A PROFESSIONAL CORPORATION, A CALIFORNIA CORPORATION, ET AL.

., a California corporation d/b/a PSYCHIATRIC MEDICAL GROUP, Plaintiff, vs. MARC L. NEHORAYAN, M.D., A PROFESSIONAL CORPORATION, a California corporation, MARC L. NEHORAYAN, an individual, and DOES 1 through 50, inclusive, Defendants. ) ) ) ) CASE NO: 19VECV00966 [TENTATIVE] ORDER RE: PLAINTIFF’S DEMURRER TO THE CROSS-COMPLAINT & MOTION TO STRIKE Dept. U 8:30 a.m. November 19, 2020 I.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARYAM GHOLAMIRAD VS. BELLA VISTA APARTMENTS

On or about 20 April 2018, Plaintiff hired a professional mold inspection company which revealed elevated levels of mold spores and high relative humidity at the Subject Property. (Complaint, ¶17.) The inspection company recommended mold remediation. (Id.) On or about 19 July 2018, Plaintiff’s doctor dictated a note stating mold exposure had contributed to the onset of asthma and medical issues. (Complaint, ¶18.) Plaintiff has no family or personal history of asthma. (Id.)

  • Hearing

AMBER BEASLEY, ET AL. VS CEDARS SINAI MEDICAL, CENTER, 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

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DOE VS KEMPIAK, M.D

Shin (2013) 212 Cal.App.4th 652, 666-667 for the proposition that "negligent actions undertaken by a health care provider for the purpose of delivering medical care to a patient constitute professional negligence; tortious actions undertaken or a different purpose, for the physician's sexual gratification – are not." Plaintiff further cites Central Pathology Service Medical Clinic v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DOE VS KEMPIAK, M.D

Shin (2013) 212 Cal.App.4th 652, 666-667 for the proposition that "negligent actions undertaken by a health care provider for the purpose of delivering medical care to a patient constitute professional negligence; tortious actions undertaken or a different purpose, for the physician's sexual gratification – are not." Plaintiff further cites Central Pathology Service Medical Clinic v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

GEOFFREY BENNETT, AS ATTORNEY IN FACT FOR CLEAVES M. BENNETT, AND AS SUCCESSOR TRUSTEE OF THE CLEAVES M. BENNETT LIVING TRUST VS ELIZABETH CHAI-CHANG, ET AL.

Sixth Cause of Action (Professional Negligence). The elements of a cause of action for professional negligence are (1) the existence of the duty of the professional to use such skill, prudence, and diligence as other members of the profess ion commonly possess and exercise; (2) breach of that duty; (3) a causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional negligence. (Ibid.) (Oasis West Realty, LLC v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARGARITA ASARYAN , ET AL. VS CEDARS-SINAI MEDICAL CENTER , ET AL.

The elements of medical malpractice are: “(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.” (Simmons v. West Covina Medical Clinic (1989) 212 Cal.App.3d 696, 701-702 (citations omitted).)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

AVERY SCHWARTZ VS DIGNITY HEALTH

Plaintiff contends his negligence claim is not preempted because his injuries extend beyond a disability or injury requiring medical treatment and also include economic loss and an inability to find a residency program that will allow him to complete his first year of medicine. Opp. 8.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

C W DRIVER INC VS LEGENDARY STRUCTURES INC ET AL

Davidson”) on September 4, 2018, but on September 2, 2018, JDR announced the deposition would not proceed due to a medical issue with Mr.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LESLIE LOPEZ VS CITRUS VALLEY MEDICAL CENTER AKA QUEEN OF THE VALLEY HOSPITAL

Demurrer – Ordinary/Professional Negligence Defendant argues that the Plaintiff’s premises liability and negligence causes of action are truly medical malpractice causes of action. The Court agrees. In Flores v.

  • Hearing

SAVANNAH LUYBEN, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, JOHN LUYBEN VS MEMORIALCARE CENTER FOR WOMEN OB/GYN CLINIC, ET AL.

It provides: Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider's alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. The Court will set trial in nine months, so it is the latest possible date under the statute.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

FELICIA MCCARRON VS SISYPHIAN, LLC DBA XPOSED GENTLEMEN'S CLUB, A CALIFORNIA LIMITED LIABILITY COMPANY

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.” (Code Civ. Proc., § 1281.2.) The party petitioning to compel arbitration under written arbitration agreement bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and party opposing petition must meet the same evidentiary burden to prove any facts necessary to its defense.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

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