CA: failure to diagnose lesion--death results: judgment for Dr. granted in part--denied in part.
COURT'S OPINION: The Court of Appeal of California affirmed the lower court's granting of summary judgment for the defendant physician as to the cause of action for wrongful death. However, the court reversed the lower court's granting of summary judgment as to recovery for the negligence of Dr. Gobezie in failing to timely diagnose and treat the patient's condition. The court noted that based on the decision by the Division of Medical Quality Control of the Medical Board of California, the plaintiff had raised a triable issue of fact as to Dr. Gobezie's breach of the applicable standard of care. The trial court took judicial notice of the Board's decision. The court concluded that it clearly raised an issue of fact as to whether the defendant provided competent care for numerous patients, one being the decedent. Watts v. Gobezie, 2003 WL 21702461 P.2d--CA
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Providence, R.I. firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievement as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, and Who's Who in America.
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|Title Annotation:||Medical Malpractice Cases|
|Publication:||Medical Law's Regan Report|
|Date:||Oct 1, 2003|
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