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A Tale Of Two Jury Instructions: How The Failure To Stay Focused On The Big Picture Can Derail A Trial

Zannini v. Liker (2022) 74 Cal.App.5th 610 - In 2015, appellant and plaintiff Ronald Zannini began experiencing weakness in his left arm. He ultimately consulted with defendant neurosurgeon, Dr. Mark Liker, who performed...more

A Weighty Decision on Negligent Treatment Recommendations and Informed Consent

In Flores v. Liu (2021) __ Cal.App.5th __ (2021 WL 282302), the California Court of Appeal, Second Appellate District, held that a physician may be liable for negligently recommending a course of treatment in two situations,...more

Medical Board Investigations Transcend the Psychotherapist-Patient Privilege

In Cross v. Superior Court of Los Angeles County, No. B277600, the Court of Appeal, Second Appellate District, Division Five recently held that (1) the psychotherapist-patient privilege does not protect the subpoenaed records...more

International Experts in Medical Malpractices Cases: Qualification v. Location

The Court of Appeal in Borrayo v. Avery, A143765 (San Francisco County Super. Ct. No. CGC12525769) recently held that a physician licensed to practice medicine in Mexico was qualified to provide an opinion about the standard...more

Blurred Lines: Neglect Claims Under the Elder Abuse Act Require a Custodial Relationship

In Winn v. Pioneer Medical Group, (May 19, 2016, S211793), the California Supreme Court held that a claim of neglect under the Elder Abuse Act requires a caretaking or custodial relationship wherein the defendant has assumed...more

Defending Against Non-Retained Experts

California is generally regarded as providing broad leeway for non-retained experts to testify on a range of matters. Several recent decisions, however, have narrowed the scope of permissible testimony for non-retained...more

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