What is the test for causation and damages in a medical malpractice action?

California, United States of America


The following excerpt is from Chu v. Conkling, H041409 (Cal. App. 2017):

"With regard to causation and damages, the plaintiff is required to prove that but for the [attorney's] negligent acts or omissions, 'the plaintiff would have obtained a more favorable judgment or settlement in the action in which the malpractice allegedly occurred.' [Citations.] As such, a determination of the underlying case is required. This method of presenting a legal malpractice lawsuit is commonly called a trial within a trial. It may be complicated, but it avoids speculative and conjectural claims." (Blanks v. Seyfarth Shaw LLP (2009) 171 Cal.App.4th 336, 357.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
How have courts treated medical malpractice in the context of medical malpractices? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
What are the consequences of a jury finding no damages in a medical malpractice action? (California, United States of America)
Is an expert who provides emergency medical services in an emergency room qualified to testify in a medical malpractice action? (California, United States of America)
What is the limitation on punitive damages in a medical malpractice action? (California, United States of America)
What are some cases where the damages element for a medical malpractice cause of action begins to run with Page 23? (California, United States of America)
Does section 2383 of the California Medical Code, section 490 of the Medical Licence Act, apply to medical malpractice? (California, United States of America)
How much lost punitive damages can a plaintiff claim in a medical malpractice action? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.