DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Friday, February 5, 2016, Line 7, DEFENDANT MATS HAGSTROM, M.D.'S DEMURRER TO 1ST AMENDED COMPLAINT.
Dr. Hagstrom's demurrer is overruled in its entirety. While the second cause of action for lack of informed consent is a species of medical malpractice, by her second cause of action plaintiff has essentially alleged a second cause of action for medical malpractice distinct from her first cause of action for medical malpractice. CACI 500 and 501 apply to the first cause of action, while CACI 532 and 533 apply to the second cause of action. The third and fourth causes of action are distinct claims from a medical malpractice claim, albeit there is some overlap. The fifth cause of action alleges that a bilateral capsulectomy is a substantially different medical procedure than an implant exchange. Absent any facts that are judicially noticeable that show otherwise, and Dr. Hagstrom presents none, the Court must accept that allegatio
Hearing Date
February 05, 2016
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DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Friday, February 5, 2016, Line 7, DEFENDANT MATS HAGSTROM, M.D.'S DEMURRER TO 1ST AMENDED COMPLAINT.
Dr. Hagstrom's demurrer is overruled in its entirety. While the second cause of action for lack of informed consent is a species of medical malpractice, by her second cause of action plaintiff has essentially alleged a second cause of action for medical malpractice distinct from her first cause of action for medical malpractice. CACI 500 and 501 apply to the first cause of action, while CACI 532 and 533 apply to the second cause of action. The third and fourth causes of action are distinct claims from a medical malpractice claim, albeit there is some overlap. The fifth cause of action alleges that a bilateral capsulectomy is a substantially different medical procedure than an implant exchange. Absent any facts that are judicially noticeable that show otherwise, and Dr. Hagstrom presents none, the Court must accept that allegatio