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Health Care & Hospital Law

Nov. 14, 2023

Judge to decide whether constructive fraud claim includes doctor

Attorneys for a doctor said the plaintiffs are attempting to bootstrap a constructive fraud claim onto a medical negligence lawsuit without proving direct connections between the doctor and the patient.

Judge to decide whether constructive fraud claim includes doctor
Superior Court Judge Eric A. Keen

In a dispute over the elements that allow a constructive fraud pleading, a Riverside County judge must decide next month whether that alleged cause of action in a COVID-19 related medical negligence lawsuit against a hospital also includes one of the doctors.

Erin R. Gonzalez of The Law Offices of Michael D. Gonzalez in Glendale, argued in a demurrer to the complaint last month that constructive fraud must be pleaded with particularity. Sh...

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