Zannini v. LikerAnnotate this Case
The Court of Appeal affirmed the trial court's judgment in favor of defendant, a neurosurgeon, in a medical malpractice action against defendant and others, alleging claims related to plaintiff's treatment in the emergency room. Plaintiff and his wife alleged that emergency surgery should have taken place sooner than six hours after his arrival at the emergency room because time was of the essence in removing a blood clot. After the surgery, plaintiff ended up partially quadriplegic.
The court concluded that the trial court did not err in declining to instruct the jury with CACI 509 (Abandonment of Patient) as the instruction was not supported by substantial evidence. The court also concluded that CACI 411 (Reliance on the Good Conduct of Others) did not prejudice plaintiffs. Furthermore, the trial court's refusal to give CACI 430 (Causation: Substantial Factor) and CACI 431 (Causation: Multiple Causes) and its decision to give Defense Special Instruction No. 2 are moot in light of the jury's finding of no negligence. Finally, plaintiff's challenge to CACI 506 (Alternative Methods of Care) is waived, and the trial court did not err in refusing to give BAJI 6.15, which defined "emergency."