California Court of Appeal
Uriel v. The Regents of the University of California, D064098
In this wrongful death proceeding, a jury found that the University of California San Diego Medical Center (UCSD) failed to timely diagnose Kastan's breast cancer in 2007, resulting in her death in 2010. Judgment in favor of plaintiffs is affirmed, where: 1) plaintiffs' expert testified to a reasonable degree of medical probability that Kastan would have survived 10 additional years if her cancer had been timely diagnosed and treated, and this was sufficient to meet plaintiffs' prima facie burden on causation; and 2) the court's use of CACI No. 430 to instruct the jury regarding the substantial factor standard for causation was appropriate and accurately stated the applicable legal principle.
Appellate Information
- Decided 02/20/2015
- Published 02/20/2015
Judges
- McConnell
Court
- California Court of Appeal