The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled […]
Statute Of Limitations Does Not Bar Action Against Lawyers.
A trustee who is a lawyer and was a lifelong friend of the plaintiffs, a large family, allegedly teamed up with another lawyer and a law firm to “drain off” $25 million from a composite family estate. The family brought an action against the lawyers for fraud, intentional and negligent misrepresentation, fraud by concealment, constructive fraud, breach […]
Sometimes A Legal Malpractice Action May Be Assigned.
Pursuant to Goodley v. Wank & Wank, Inc. (1976) 62 Cal.App.3d 389, [133 Cal.Rptr. 83], a legal malpractice action may not be assigned in California. In the present matter, the trial court determined an assignee plaintiff lacked standing in a legal malpractice action and entered a judgment of dismissal. Finding the usual public policies concerns were not at […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
One-Year Statute Of Limitations Applies In Action Against Attorney For Malicious Prosecution.
California Code of Civil Procedure section 340.6 specifies a one-year statute of limitations in actions against attorneys “arising in performance of professional services, except for actions for actual fraud.” Section 335.1 specifies a general two-year statute of limitations applicable to actions for malicious prosecution. Plaintiff sued his opponent in an earlier suit and her attorney for malicious […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
Lawyers Sued For Legal Malpractice Related To 1994 Services Rendered To Client.
A law firm aided clients in obtaining a judgment in 1994. They contend they were not advised of the necessity to renew the judgment. After 2004, their judgment was unenforceable. The clients brought an action for legal malpractice and obtained a judgment. While faced with several creative arguments, the appellate court did not reach most of […]
Offset For Economic and Noneconomic Damages In Medical Malpractice Case.
When the plaintiff regained consciousness after surgery to stop nose bleeds, he was blind in one eye. He brought an action against the manufacturer of a device used in the surgery, against the hospital where the surgery was performed and against the doctor who performed the surgery. Plaintiff settled with the manufacturer for $2 million and with […]
Elder Abuse Actions Not Limited To Custodial Care.
Plaintiffs’ 83-year-old mother was not referred to a vascular surgeon over a two-year period during which her diminishing vascular flow worsened without treatment. She developed gangrene and her leg was amputated. Seven months later, she died. Defendants contend they cannot be liable for elder abuse because they treated decedent as an outpatient, and liability for elder […]
Professional Negligence Action Against Prison Doctor.
Plaintiff was a prisoner in state prison when he alleges he was negligently treated by a doctor. The trial court granted summary judgment for the doctor on plaintiff’s two causes of action: breach of fiduciary duty and professional negligence. The appellate court reversed, stating: “With respect to his breach of fiduciary duty claim, [plaintiff] alleged in […]