What is the standard of care for medical malpractice and what is the test for battery?

California, United States of America


The following excerpt is from Salvatto v. Mitchell, A141424 (Cal. App. 2015):

The standard of care is just one element of a cause of action for medical malpractice. "The elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage." (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) In the case of medical battery, the elements of the cause of action are (1) that the defendant performed a medical procedure without the patient's informed consent, (2) the patient was harmed, and (3) the defendant's conduct was a substantial factor in causing the harm. (CACI No. 530A.) Both causes of action include causation and injury as elements that must be proved by a plaintiff to be entitled to relief.

Other Questions


Does section 2383 of the California Medical Code, section 490 of the Medical Licence Act, apply to medical malpractice? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
How have courts treated medical malpractice in the context of medical malpractices? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the burden of appealing against a recommendation made by the California Medical Board on medical malpractice? (California, United States of America)
What is the standard of defense in a medical malpractice case? (California, United States of America)
Is there any case law where a defendant has been convicted of battery, spousal battery, resisting arrest, and battery on a police officer? (California, United States of America)
Is an expert who provides emergency medical services in an emergency room qualified to testify in a medical malpractice action? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.