Aug 04, 2017 Martin Stein, Carolyn Oill Healthcare Law
Topete v. Sutter Health Sacramento Sierra Region (Aug. 2, 2017, C074716) [2017 Cal. App. Unpub. LEXIS 5291]

Plaintiff brought a medical malpractice action against GMSR’s client, Sutter Health Sacramento Sierra Region, and several individual physicians.  She sought to hold Sutter Health liable for negligent hiring or retention of a physician.  The court of appeal affirmed summary judgment for Sutter Health.  It held that the absence of any claim for negligent hiring or retention in the operative complaint prohibited plaintiff from opposing summary judgment on that ground.

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