Sacramento Family Sues For Wrongul Death Against Surgeon, Part 6 of 10

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 wrongful death lawsuit and its proceedings.)


Plaintiff’s cause of action sounds in professional negligence based upon allegations of medical malpractice. For a prima facie case of medical malpractice, the plaintiff must establish duty, standard of care, breach of that standard, causation, and damages. Bucquet v. Livingston (1976) 57 Cal.App.3d 914, 920-921. As a general rule, in actions based upon medical malpractice, the applicable standard of care is a matter peculiarly within the knowledge of experts … It presents the basic issue in a malpractice action and can only be proven by their testimony, barring the extremely rare case where the required conduct involved obvious facts within the common knowledge of the layman. Landeros v. Flood (1976) 17 Cal.3d 399, 410.

In medical malpractice actions the standard of care and breach of that standard must be established by the testimony of medical experts. Lawless v. Calaway (1944) 24 Cal.2d 81, 86; Simons v. West Covina Medical Clinic *1989) 212 Cal.App.3d 696, 702. When on summary judgment, a defendant submits the declaration of a medical expert establishing that his care and treatment complied with applicable standards of care, he is entitled to summary judgment absent conflicting expert testimony. Monro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985. In the present case, the care and treatment of plaintiff is not an issue within the knowledge of layperson. Expert testimony is therefore necessary to establish the applicable standard of care.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Dr. Chin has opined that moving defendant The CMC through its attending surgeons and Dr. Daniel Black complied with the standard of care in their care and treatment of David White.
Dr. Daniel Black and the attending surgeons from The CMC complied with the standard of care in their intervention, care and treatment of David White. The surgical repair of the stab wound to the neck and the subsequent surgery to control bleeding in the neck area was performed within the standard of care. The fact that a second surgery to control bleeding was performed is not below the standard of care given Mr. White’s injury. As far as defendant is aware, there are no allegations that the surgical procedures performed on Mr. White was below the standard of care.

(See Part 7 of 10.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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