Cases

Jun 03, 2011 Martin Stein, Alison M. Turner Healthcare Law
Frisch v. Roberts, 2011 Cal.App. Unpub. LEXIS 4194

The Sixth District Court of Appeal has affirmed judgment in favor of defendants, including GMSR’s clients, Sutter Health and Palo Alto Medical Foundation. The plaintiff alleged that defendants’ conduct led to a two-year delay in the diagnosis of his prostate cancer, and that the cancer’s resulting growth into an aggressive form limited his treatment options. The trial court granted motions for nonsuit on the ground that plaintiff failed to produce sufficient evidence to establish the causation element of a prima facie case of medical negligence or fraud. On cross-examination, plaintiff’s expert made concessions fatal to his case. Plaintiff had attempted to switch experts on the eve of trial by augmenting his expert witness list. The appellate court found no prejudicial error in the trial court’s refusal to allow him to do so, nor in evidentiary rulings that limited the scope of his expert’s testimony.

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