Justia Medical Malpractice Opinion Summaries

Adria Snover, represented by her spouse and guardian ad litem, suffered permanent brain injury and entered a coma following complications during a cesarean section. She sued Dr. Aruna Gupta, Riverside Community Hospital, and another doctor, alleging negligent diagnosis and treatment. Before trial, Snover settled with the hospital for $2.5 million and with the other doctor for $1 million. The hospital’s settlement included $250,000 allocated to Snover’s son for waiving a potential future wrongful death claim. The case proceeded to trial solely against Dr. Gupta.A jury in the Riverside County Superior Court awarded Snover $17,458,474 in total damages: $7,458,474 in economic damages and $10 million in noneconomic damages. The jury found Gupta 15 percent at fault, the other doctor 80 percent, and a nurse 5 percent. After trial, the court applied the Medical Injury Compensation Reform Act (MICRA) cap to the noneconomic damages, reducing them to $250,000, and then held Gupta liable for 15 percent of that amount ($37,500). For economic damages, the court used the Mayes rule, first applying the MICRA cap, then calculating the percentage of economic damages and applying that percentage to the settlement amounts, resulting in a setoff of $3,142,750. The court did not exclude the $250,000 allocated to Snover’s son from the setoff calculation.The California Court of Appeal, First Appellate District, Division Four, reviewed the case. It held that the trial court correctly applied the MICRA cap before apportioning liability for noneconomic damages among health care providers, consistent with Gilman v. Beverly California Corp. and Rashidi v. Moser. The court also affirmed the use of the Mayes rule for calculating the economic damages setoff and found no abuse of discretion in including the $250,000 allocated to Snover’s son. The judgment was affirmed. View "Snover v. Gupta" on Justia Law

An adolescent female, who was continuously enrolled as a dependent under her mother’s Kaiser health care plans from 2005 to 2023, received gender-affirming medical care between the ages of 13 and 17. After experiencing negative outcomes and later detransitioning, she filed a medical malpractice lawsuit against Kaiser Foundation Hospitals, The Permanente Medical Group, and several individual providers. The claims alleged that the care provided was not medically justified, that risks were not adequately disclosed, and that the providers failed to meet the standard of care in both treatment and informed consent.The Superior Court of San Joaquin County reviewed Kaiser’s petition to compel arbitration, which was based on arbitration provisions in the health plan documents. Kaiser argued that the plaintiff, as a dependent, was bound by arbitration agreements incorporated in the evidence of coverage and benefits booklets for both the union-based and self-funded plans. The trial court found that Kaiser failed to establish the existence of a valid agreement to arbitrate, noting that the relevant documents referenced in the enrollment forms were not provided, and there was no evidence of the plaintiff or her mother expressly agreeing to the specific arbitration provisions Kaiser sought to enforce. The court denied the petition to compel arbitration and later denied Kaiser’s motion for reconsideration.On appeal, the California Court of Appeal, Third Appellate District, affirmed the trial court’s order. The appellate court held that Kaiser did not meet its burden to prove, by a preponderance of the evidence, the existence of a valid and binding arbitration agreement covering the controversy. The court emphasized that mere enrollment and general references to arbitration were insufficient; the precise arbitration provision must be clearly incorporated and agreed to. The order denying the petition to compel arbitration was affirmed. View "Brockman v. Kaiser Foundation Hospitals" on Justia Law

An elderly man with significant medical needs was admitted to a skilled nursing facility, where a physician provided in-facility care. The physician was responsible for evaluating the patient, making treatment orders, and recording medical information. The complaint alleged that the physician performed only cursory examinations, failed to follow up on necessary tests, did not adequately address serious medical issues, and maintained illegible records. The patient’s condition deteriorated, leading to hospitalization and eventual death.The patient’s brother, acting as successor in interest and on behalf of the heirs, filed suit in the Superior Court of Los Angeles County against the facility, its operators, and the physician. The complaint included claims for elder neglect and financial abuse under the Elder Abuse and Dependent Adult Civil Protection Act, as well as negligence and wrongful death. After settling with all defendants except the physician, the plaintiff proceeded against him alone. The physician demurred to the elder abuse claims, arguing that he did not have the requisite caretaking or custodial relationship with the patient and that the financial abuse claim was not viable. The Superior Court sustained the demurrer without leave to amend, finding the allegations amounted only to professional negligence, which is excluded from the Act’s heightened remedies.The California Court of Appeal, Second Appellate District, Division Five, reviewed the case. The court held that a physician’s negligent provision of medical services to an elder in a skilled nursing facility, without more, does not constitute “neglect” under the Act because the physician lacks the necessary robust caretaking or custodial relationship. The court also held that a financial abuse claim based solely on alleged professional negligence is not actionable under the Act. The judgment in favor of the physician was affirmed. View "Frankland v. Etehad" on Justia Law

Kimberly Montoya filed a medical malpractice claim against Dr. Aaron Fowler, alleging that he failed to call a "code stroke" when she exhibited signs of a stroke while under his care. As a result, a CT scan was delayed, leading to severe disability. Montoya argued that immediate action would have mitigated her damages significantly. She requested a burden-shifting jury instruction, asserting that the absence of a timely CT scan made it impossible to prove the extent of damages caused by Dr. Fowler's negligence.The Superior Court of Orange County denied Montoya's request for the burden-shifting instruction, reasoning that such an instruction was not appropriate in cases involving omissions and that Montoya's ability to establish damages was not seriously impaired by the ruling. Montoya then filed a writ petition challenging this decision.The California Court of Appeal, Fourth Appellate District, reviewed the case. The court held that if Montoya could present evidence showing Dr. Fowler's negligence in failing to order a CT scan, a reasonable possibility that a timely CT scan followed by a thrombectomy would have mitigated her damages, and that the CT scan was critical to establishing causation, then public policy requires shifting the burden of proof to Dr. Fowler to show that his negligence did not cause her damages. The court emphasized that a defendant should not benefit from their own negligence when it results in the absence of critical evidence.The Court of Appeal granted Montoya's petition, directing the lower court to vacate its ruling denying the requested jury instruction. However, the appellate court did not mandate a specific instruction, leaving it to the trial court to determine the appropriate instruction based on the evidence presented at trial. View "Montoya v. Superior Court" on Justia Law

Kimberly Montoya filed a medical malpractice claim against Dr. Aaron Fowler, alleging that he failed to call a "code stroke" when she exhibited signs of a stroke while under his care. As a result, a CT scan was delayed, leading to severe disabilities. Montoya argued that immediate action would have mitigated her damages. She requested a burden-shifting jury instruction, asserting that it was impossible to prove the extent of her damages due to the absence of a timely CT scan.The Superior Court of Orange County denied Montoya's request for the burden-shifting instruction, reasoning that such an instruction was not appropriate in cases involving omissions and that Montoya's ability to establish damages was not significantly impaired. Montoya then filed a petition for a writ of mandate to challenge this decision.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court held that if Montoya could present evidence that Dr. Fowler was negligent in failing to order a CT scan, that a CT scan followed by a thrombectomy could have mitigated her damages, and that the CT scan was critical to establishing causation, then public policy requires shifting the burden to Dr. Fowler to prove that his negligence did not cause her damages. The court issued a writ of mandate instructing the lower court to vacate its ruling denying the requested jury instruction, allowing the trial court to reconsider the instruction based on the evidence presented at trial. Montoya was awarded her costs incurred in the proceeding. View "Montoya v. Superior Ct." on Justia Law

Plaintiffs Glenn and Geneanne Maniago filed a lawsuit against Desert Cardiology Consultants’ Medical Group, Inc. and Dr. Praveen Panguluri, asserting claims for negligence, loss of consortium, assault, battery, and unfair business practices. Glenn, a scrub technologist, alleged that Dr. Panguluri’s mishandling of a syringe containing an HIV patient’s blood caused the blood to splash into his face and eye. The complaint did not claim that Glenn contracted HIV but stated that both plaintiffs suffered harm from the exposure.The Superior Court of Riverside County sustained demurrers to most of the plaintiffs' claims with leave to amend, overruled the demurrer to Glenn’s negligence claim, and struck the punitive damages allegations. The plaintiffs did not amend their complaint but instead filed a voluntary dismissal of their entire action with prejudice, intending to expedite an appeal of the trial court’s adverse rulings.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the case and concluded that it lacked jurisdiction to adjudicate the plaintiffs’ appeal. The court held that a voluntary dismissal entered by the clerk at the plaintiffs' request, without a final judicial determination of their claims, is not an appealable order. The court emphasized that the appropriate vehicle for challenging interlocutory rulings is a petition for writ of mandate, not an appeal from a voluntary dismissal. Consequently, the court dismissed the appeal for lack of jurisdiction. View "Maniago v. Desert Cardiology Consultants' Medical Group" on Justia Law

Plaintiff Sabrina Zaragoza was admitted to Mercy Medical Center Merced with abdominal pain and later diagnosed with a bile leak. Dr. Nadir Adam performed a gallbladder removal surgery (cholecystectomy) on her. Following complications, including a bile leak and multiple subsequent surgeries, Zaragoza filed a medical malpractice lawsuit against Dr. Adam and others, alleging negligence in her treatment.The San Francisco County Superior Court granted summary judgment in favor of Dr. Adam. The court relied on the declaration of Dr. Eric Morse, a medical expert who reviewed Zaragoza's medical records and concluded that Dr. Adam performed the surgery within the standard of care and that the bile leak was a recognized risk of the procedure, not due to negligence. Dr. Morse also attributed Zaragoza's complications to a bowel perforation caused by a subsequent procedure performed by another doctor, Dr. Uppal. Zaragoza did not submit an opposing expert declaration.The California Court of Appeal, First Appellate District, Division Three, reversed the summary judgment. The appellate court found that Dr. Morse's declaration was conclusory and lacked a reasoned explanation for his opinions. Specifically, Dr. Morse did not adequately explain how he ruled out negligence by Dr. Adam or how he determined that the bile leak was not due to surgical error. The court emphasized that expert declarations must provide detailed factual bases and reasoned explanations to support their conclusions. The appellate court concluded that Dr. Adam failed to meet his initial burden of showing the absence of a triable issue of material fact and directed the trial court to deny the motion for summary judgment. View "Zaragoza v. Adam" on Justia Law

Glenn and Geneanne Maniago filed a lawsuit against Desert Cardiology Consultants’ Medical Group, Inc. (DCCMG) and Dr. Praveen Panguluri, asserting five causes of action: negligence, loss of consortium, assault, battery, and unfair business practices. Glenn, a scrub technologist, was exposed to HIV patient’s blood during a procedure due to Dr. Panguluri’s actions. The complaint did not allege that Glenn contracted HIV but claimed harm from the exposure.The Superior Court of Riverside County sustained demurrers to most of the claims with leave to amend, overruled the demurrer to Glenn’s negligence claim, and struck the punitive damages allegations. The Maniagos did not request oral argument and did not appear for the hearing. Subsequently, they voluntarily dismissed their entire action with prejudice to expedite an appeal of the adverse rulings.The Court of Appeal, Fourth Appellate District, Division One, concluded that it lacked jurisdiction to adjudicate the appeal from a voluntary dismissal entered by the clerk at the plaintiffs’ request without a final judicial determination of their claims. The court emphasized that a voluntary dismissal by a plaintiff is a ministerial act and not appealable. The court dismissed the appeal for lack of jurisdiction, noting that the appropriate vehicle for challenging interlocutory rulings is a petition for writ of mandate, not an appeal from a voluntary dismissal. View "Maniago v. Desert Cardiology Consultants' Medical Group" on Justia Law

In this case, Joely Ng filed a complaint against Los Alamitos Medical Center and several doctors, alleging medical malpractice and wrongful death following the death of her husband, Kenneth Ng. Kenneth was admitted to the Medical Center due to a malfunction of his G-tube, which was improperly placed by Dr. McMahon. Subsequent negligence by other doctors led to Kenneth developing sepsis and dying three months later. Joely Ng sought noneconomic damages for both wrongful death and a survival claim.The Superior Court of Orange County granted the Medical Center's motion to strike portions of Ng's complaint that sought two separate caps on noneconomic damages under the Medical Injury Compensation Reform Act (MICRA). The court reasoned that the wrongful death claim was not separate from the medical negligence claim and thus could not be subject to a separate MICRA cap. The court denied leave to amend but allowed for the possibility of future amendments if Ng could allege facts supporting the claims as separate and distinct.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court concluded that wrongful death and survival claims are separate and distinct, even when based on the same incident of medical malpractice. Therefore, Ng is entitled to seek two separate MICRA caps for noneconomic damages. The court granted Ng's petition, directing the trial court to vacate its previous order and issue a new order denying the Medical Center's motion to strike. View "Ng v. Super. Ct." on Justia Law

In this case, Joely Ng filed a complaint against Los Alamitos Medical Center, Inc. and several doctors, alleging medical malpractice and wrongful death following the death of her husband, Kenneth Ng. Kenneth was admitted to the Medical Center due to a malfunction of his G-tube, which was improperly placed by Dr. McMahon. Subsequent doctors failed to confirm the correct placement, leading to Kenneth developing sepsis and dying three months later. Joely Ng sought noneconomic damages for both wrongful death and medical malpractice claims.The Superior Court of Orange County granted the Medical Center’s motion to strike portions of Ng’s complaint that sought two separate caps on noneconomic damages under the Medical Injury Compensation Reform Act of 1975 (MICRA). The court reasoned that the wrongful death claim was not separate from the medical negligence claim and thus could not be subject to a separate MICRA cap. The court denied leave to amend but allowed for the possibility of future amendments if Ng could allege facts supporting the claims as separate and distinct.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court concluded that wrongful death and survival claims, even when based on the same medical malpractice, are separate and distinct. Therefore, Ng is entitled to seek two separate MICRA caps for noneconomic damages. The appellate court granted the petition, directing the trial court to vacate its order granting the motion to strike and to issue a new order denying the motion. View "Ng v. Super. Ct." on Justia Law