The following excerpt is from Gearhart v. United States, Case No.: 15cv665-MDD (S.D. Cal. 2016):
72. Under California law, "[a] [medical practitioner] is not necessarily negligent just because [his/her] efforts are unsuccessful or [he/she] makes an error that was reasonable under the circumstances. [A] [medical practitioner] is negligent only if [he/she] was not as skillful, knowledgeable, or careful as other reasonable [medical practitioners in the same specialty] would have been in similar circumstances." CACI 505; see, e.g., Sanders v. Palomar Med. Ctr., No. 10cv514-MMA, 2010 WL 2635627, at *6 (S.D. Cal. June 30, 2010) ("The fact that a patient does not make a complete recovery raises no presumption of the absence of proper skill and attention upon the part of the attending physician." (quotation omitted)).
73. "A difference of medical opinion concerning the desirability of one particular medical procedure over another does not... establish that the determination to use one of the procedures was negligent." Clemens v.
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