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California Hospital Cleared in Hysterectomy Negligence Suit

June 27, 2022, 4:05 PM

Doctors Medical Center of Modesto escaped vicarious liability for a doctor’s allegedly negligent conduct during a hysterectomy because the patient reasonably should have known the doctor wasn’t the hospital’s agent or employee, a California appeals court said.

Elisa Magallanes de Valle began seeing Rebecca Brock as her personal treating physician in 2015 and wasn’t looking to the medical center for care or relying on its selection or assignment of a doctor to provide her treatment, the California Court of Appeal, Fifth District, said.

De Valle thus reasonably should have known that Brock only utilized the hospital’s surgical facilities to provide ...