What is the test for medical malpractice under the California Health Care Act?

Sababin v. Superior Court (2006) 144 Cal.App.4th 81, 88).⁴ In fact, section 15657.2 effectively excepts medical malpractice from that definition of "neglect" by providing in part: "Notwithstanding this article, any cause of action for injury or damage against a health care provider . . . based on . . . alleged professional negligence, shall be governed by those laws which specifically apply to those professional negligence causes of action."

Under the Act, plaintiff must prove the defendant's conduct was reckless, oppressive, fraudulent, or malicious. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406.) The plaintiff also must prove causation by clear and convincing evidence; that is, plaintiff must prove the conduct caused physical harm, pain, or mental suffering. ( 15610.07, 15657.)