Legal Question in Personal Injury in California

if plaintiffs gets into an auto accident in which the defendant was negligent and plaintiff went to the hospital and the doctor performed malpratice which further injured or killed the plaintiff, Is the original defendant still liable? any case reference to such facts? I don't need cases referring to introduction of evidence but looking from a tort perspective. I need a case that says original defendant is still liable even though Dr. performed malpractice

Asked on 8/13/14, 4:15 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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I don't have a case offhand, but the rule is well-established. The person at fault for the accident is also responsible for any harm caused by people reasonable trying to help the plaintiff. That doesn't relieve the doctor of liability; the plaintiff (or his estate) can sue him as well, or instead. But if he chooses to go after only the other driver, the other driver can be liable for all the damages.

It's not clear *why* the plaintiff or his estate would choose not to sue the doctor, but there might be reasons. The defendant could then file a cross-complaint against the doctor if he wanted to, which he almost certainly would.

Answered on 8/13/14, 4:21 pm

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It's not quite so cut and dried as Mr. Hoffman seems to think, though I generally agree with him in the fact pattern you provide. Both causes contributing to the harm results in joint and several liability between the two tortfeasors, and they have to sue each other for indemnity and/or contribution to sort out relative responsibility. This is because it is a foreseeable consequence of causing an accident that a doctor might commit malpractice while treating a accident victim. If the accident victim went to the hospital, was checked and had no injuries, and then tripped and fell over an uncovered utility hole in the hospital sidewalk, however, that would not be a naturally foreseeable consequence of the accident. There is a standard approved jury instruction on this that you might find useful, and the annotations cite cases that might be what you are looking for. http://www.justia.com/trials-litigation/docs/caci/400/432.html

Answered on 8/13/14, 6:01 pm

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