Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
Expert Testimony Establishes Triable Issues of Material Fact Demonstrating Defendant’s Negligence In the Care and Treatment of Plaintiff
It is proper for the Court to deny defendants’ motion as plaintiffs present triable issues of fact through expert testimony that moving defendant breached the applicable standard of care in the care and treatment of Sandy White and that defendant’s breaches contributed to Ms. White’s injuries, to a reasonable degree of medical probability.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Expert Testimony Establishes That Defendant Breached the Applicable Standard of Care
The inherent nature of a medical negligence action, along with the applicable standard of care and causation, is a subject matter that is beyond the competency of a layman and, therefore, may be proved only by expert testimony. Landeros v. Flood (1976) 17 Cal.App.3d 399, 131 Cal.Rptr. 69. When the matter in issue is within the knowledge of experts only and not within common knowledge, expert evidence is conclusive and cannot be disregarded. Huber, Hunt, Nichols, Inc. v. Moore (1977) 67 Cal.App.3d 278, 136 Cal.Rptr. 603.
The question of compliance with, or breach of, the standard of care is one of fact, and can be determined only upon the basis of expert testimony. (Landeros v. Flood (1976) 17 Cal.3d 399, 410). Thus, expert evidence in a medical malpractice case is conclusive proof of the prevailing standard of skill and learning in the community and of the propriety of particular conduct by a health care providers. (Starr v. Mooselin (1971) 14 Cal.App.3d 988, 999). (See Part 7 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.