Is there any case law supporting a claim for general damages against a physician who failed to provide timely and adequate care to an elderly patient?

California, United States of America


The following excerpt is from Adams v. Murakami, 228 Cal.App.3d 885, 268 Cal.Rptr. 467 (Cal. App. 1990):

Appellant next suggests Patient's injuries are nothing more than claims for parental consortium. This suggestion is not supportable. Patient has not alleged an impaired parent-child relationship. Rather, Patient's claims for injuries are those regularly held to be recoverable. The claims are based upon appellant's numerous and egregious failures while appellant was Patient's treating physician. Failing to provide contraceptive counseling and medication to a mentally infirmed individual, failing to make a timely diagnosis of pregnancy and failing to provide adequate prenatal care may provide a basis for the recovery of both general and special damages if causation is shown. (Foy v. Greenblott, supra, 141 Cal.App.3d at pp. 12-13, 190 Cal.Rptr. 84.)

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