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Trial court’s decision to allow evidence of unrelated incidents
during the trial of a dental malpractice case in an effort to show
professional negligence and battery on a particular occasion
constituted reversible error
Bowen v. Ryan (June 6, 2008) |
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Recent decision holding trial court did not err by granting
moving party’s motion for summary judgment/adjudication of issues
where the opposing party failed to file a separate statement in
opposition to the motion
Whitehead v. Habig (Pub. order June 5, 2008) |
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Interesting and troubling decision on tolling of the one-year
medical negligence statute of limitations and on medical battery
Kaplan v. Mamelak (April 29, 2008) |
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Recent decision on CACI instruction 506, “Alternative Methods of
Care”
Ayala v. Arroyo Vista Family Health Center (March 14, 2008) |
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Recent decision on the apportionment of non-economic damages
under Proposition 51 in a premises liability action against
non-party healthcare providers whose professional negligence
allegedly aggravated plaintiff’s original injuries
Henry v. Superior Court (Reinink) (February 25, 2008) |
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Appellate Court holds EMT’s are covered by MICRA whether
rendering medical care or driving an ambulance
Canister v. Emergency Ambulance Service (February 22, 2008) |
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Recent decision on qualifications of expert witness in medical
malpractice actions
Avivi v. Centro Medico Urgente Medical Center (January 29, 2008) |
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U.S. Tax Court decision may influence terms of settlement
agreements
Amos v. IRS 2003 (January 29, 2008) |
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Recent decision on improper use of in limine motions
Amtower v. Photon Dynamics, Inc. (January 17, 2008) |
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Recent decision on application of Proposition 51 apportionment of
damages to “primary” versus “secondary” tortfeasors
Bayer-Bel v. Litovsky (January 29, 2008) |
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Recent decision on sufficiency of special verdict form to support
a battery claim in a medical malpractice action
Saxena v. Goffney (January 24, 2008) |
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Decision on inapplicability of “one action rule” in wrongful
death action where nominal defendant is named but not actually
served
Romero v. PG&E (Late 2007) |
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Recent decision on Doe amendments vacated and new opinion issued
McOwen v. Grossman (September 7, 2007) |
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Recent decision on “inferring” causation from a plaintiff’s
expert declaration in opposition to a motion for summary judgment
Powell v. Kleinman (September 7, 2007) |
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Recent decision on bystander claims for negligent infliction of
emotional distress
Ra v. Superior Court (August 15, 2007) |
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Recent decision on 1) availability of medical negligence statute
of limitations to unlicensed medical intern, and 2) duty of
plaintiff to use reasonable diligence to determine existence of
negligence by health care provider
Chosak v. Alameda County Medical Ctr (July 20, 2007) |
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New law requiring hospitals to report adverse events to DHS
effective July 1, 2007
SB 1301 (July 1, 2007) |
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U.S. Supreme Court
decision on extent to which a state may seek reimbursement of
medical costs through a Medicaid lien following judgment against or
settlement with a third party tortfeasor
ADHS v. Ahlborn
(Special) |
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Recent decision on Doe
amendments
McOwen v. Grossman
(June 28, 2007) |
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Recent decision on
sufficiency of pleadings and the nonrecoverability of punitive
damages without a showing of compensable injury
Berkeley v. Dowds
(June 22, 2007) |
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Recent decision in
wrongful life case that addresses multiple issues relevant to
medical negligence actions, generally
Ermoian v. Desert
Hospital (June 22, 2007) |
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Recent decision on
"manifestation of injury" for purposes of triggering the statute of
limitations in medical negligence actions
Garabet v. Superior
Court (June 14, 2007) |
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