Stokes v. Baker

Plaintiffs Clara and Vaughn Stokes filed suit alleging that defendant, Dr. Ellen Baker M.D., negligently failed to diagnose a subarachnoid hemorrhage afflicting Ms. Stokes when she was presented to Dr. Baker's emergency department. Plaintiffs alleged that Dr. Baker's negligence caused Ms. Stokes's aneurysm to go untreated until it ruptured, resulting in the cognitive and neurological difficulties Ms. Stokes now experiences. The trial court granted Dr. Baker's motion for summary judgment.The Court of Appeal reversed and held that the trial court erred by concluding that plaintiffs' causation expert was not qualified to offer medical testimony under Health and Safety Code section 1799.110. The court held that section 1799.110's structure and legislative history confirm that the Legislature intended the expert qualification provision to ensure only that emergency physicians are subject to a fair and practical appraisal of the applicable standard of care. View "Stokes v. Baker" on Justia Law