California Court of Appeal

In a medical malpractice suit, arising from a surgery for colorectal cancer where a drain inserted after the surgery was left in plaintiff's abdomen and not discovered and removed until 20 months later, the judgment of the trial court is affirmed as the trial court did not err: 1) in refusing to give the res ipsa loquitur instruction as to one of the doctors; 2) in instructing the jury that a finding of negligence must be based on expert testimony; and 3) in its instruction to the jury on the standard of care.

Appellate Information

• Decided 06/01/2010
• Published 06/28/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Malcolm R. Tator, David A. Arkuss