Court: California Courts of Appeal
Docket: B302404(Second Appellate District)
Opinion Date: January 31, 2022
Judge: Stratton
Areas of Law: Medical Malpractice, Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
The Court of Appeal affirmed the trial court’s judgment in favor of the defendant, a neurosurgeon, in a medical malpractice action against the defendant and others, alleging claims related to the plaintiff’s treatment in the emergency room. Plaintiff and his wife alleged that emergency surgery should have taken place sooner than six hours after his arrival at the emergency room because time was of the essence in removing a blood clot. After the surgery, the plaintiff ended up partially quadriplegic.
The court concluded that the trial court did not err in declining to instruct the jury with CACI 509 (Abandonment of Patient) as the instruction was not supported by substantial evidence. The court also concluded that CACI 411 (Reliance on the Good Conduct of Others) did not prejudice plaintiffs. Furthermore, the trial court’s refusal to give CACI 430 (Causation: Substantial Factor) and CACI 431 (Causation: Multiple Causes) and its decision to give Defense Special Instruction No. 2 are moot in light of the jury’s finding of no negligence. Finally, the plaintiff’s challenge to CACI 506 (Alternative Methods of Care) is waived, and the trial court did not err in refusing to give BAJI 6.15, which defined “emergency.”
