McCarley v. Anesthesia Service Medical Group CA4/1
Plaintiff and respondent Stephanie McCarley sued defendants and appellants Anesthesia Service Medical Group, Inc. (ASMG) and Dr. Edgar Canada, among others, for medical negligence, alleging she suffered a brain injury when Dr. Canada failed to take steps to raise her blood pressure while under anesthesia for a procedure. She made a Code of Civil Procedure section 998 offer to Dr. Canada, to which he did not respond. The matter proceeded to trial, and McCarley obtained a judgment that included damages for future attendant care and prejudgment interest based on the section 998 offer.
Defendants appeal. They contend Dr. Canada was within the standard of care as a matter of law; the trial court improperly excluded proposed expert testimony regarding polycystic ovary syndrome (PCOS); the award of future attendant care was based on speculation; and the section 998 offer was invalid. We conclude substantial evidence supports the jury’s negligence finding and the future attendant care award,
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