CA: should Dr.'s "assistant" have notified him?: Court orders limited new trial for plaintiffs.
COURT'S OPINION: The Court of Appeal of California affirmed the order of the trial court denying the plaintiffs' motion for partial summary judgment notwithstanding the verdict. The court also affirmed the order of the trial court granting the plaintiffs' motion for a partial new trial regarding causation and damages. To establish causation in a negligence suit, a plaintiff must establish that the defendant's act or omission was a substantial factor in causing the plaintiff's injury. The court found that a plaintiff meets that burden by proving that a defendant's act or omission was a substantial factor in causing a plaintiff's injury. The jury found that there was evidence of negligence without evidence of causation. Circumstances may exist "where the issues are so interwoven that a partial retrial would be unfair to the other party." However, the court concluded that this was not the situation in this case. The trial court did not abuse its discretion by ordering a retrial limited to issues of causation and damages. Rupp v. Buenaventura Medical Group, Inc., No. B174951 (Cal. App. Dist. 2 12/12/2006)
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 Rhode Island 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 Regan 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 achievements 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, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Medical Law Cases of Note|
|Publication:||Medical Law's Regan Report|
|Date:||Jan 1, 2007|
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