Insurance,
California Courts of Appeal
Jan. 21, 2015
For whom the bell tolls in medical malpractice actions
On Jan. 12, the 2nd District Court of Appeal addressed a "first impression case." While the facts were related to medical malpractice, the principles employed are not unique.
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
On Jan. 12, in Coastal Surgical Institute v. Blevins, 2015 DJDAR 383, the 2nd District Court of Appeal addressed a "first impression case." A doctor had performed surgery on a patient at Coastal's surgical facility. An infection later developed from bacteria found in a sponge used to clean surgical equipment. Thereafter, Coastal paid the patient for medical expenses incurred in treating the infection. The patient was not asked to, and did not sign, a release.
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