California Court of Appeal

In medical negligence action, judgment sustaining defendants' demurrers and motions on the pleadings is reversed, where: 1) the alleged negligence was not undertaken "in the rendering of professional services," and thus it does not constitute professional negligence; 2) plaintiff cannot pursue a claim of direct negligence against the hospital because the alleged failure by it to hire and supervise medical personnel states a claim for professional negligence; 3) on the assault and battery claims, the question of post-operative contact and whether that contact was within the scope of plaintiff's consent, is a factual question for a finder of fact to decide, not one capable of being decided on demurrer; and 4) the trial court erred in concluding that defendant-doctor's conduct was not extreme or outrageous as a matter of law.

Appellate Information

• Decided 01/03/2013
• Published 01/03/2013

Judges

• SUZUKAWA

Court

• California Court of Appeal

Counsel