What constitutes professional negligence in medical malpractice cases?

California, United States of America


The following excerpt is from Romero v. Kaiser Found. Health Plan, Inc., B277499 (Cal. App. 2018):

MICRA defines "professional negligence" as "a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that the services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital." ( 6146, subd. (c)(3); see Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 346-347.)

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