What is the test for vague and conclusory allegations in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from In re Mosley, No. 2:16-CV-0519-MCE-DMC-P (E.D. Cal. 2018):

rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must allege with at least some degree of particularity overt acts by specific defendants which support the claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is impossible for the court to conduct the screening required by law when the allegations are vague and conclusory.

Other Questions


Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (MultiRegion, United States of America)
What is the case law on the desirability of warning notices in medical malpractice cases? (Canada (Federal), Canada)
Is there any case law in support of a claim that medical malpractice is a form of malpractice? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
Is there any case law where the use of a chemical in a medical malpractice case has been successful? ("New York", United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
Is it a "rare" medical malpractice case in which no expert medical testimony is required? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.