Lua v. Salzetti
In this medical malpractice action arising out of injuries suffered during the birth of Francisco Lua as a result of his delivery by Ronald Salzetti, M.D., a jury found in favor of Salzetti and against Lua. On appeal, Lua asserts (1) the court erred by (a) denying his motion to amend his complaint to add a cause of action for failure to obtain informed consent from Lua, via his mother, Claudia Camarillo, (b) improperly restricting Camarillo's testimony on this claim, and (c) improperly instructing the jury on this claim; (2) the court erred in denying Lua's motion to disqualify Salzetti's attorney after he contacted and retained Lua's previously designated expert, William Frumovitz, M.D.; (3) the jury was given an incorrect special verdict form which led them to find in favor of Salzetti; and (4) the trial judge, the Honorable Ronald S. Prager, pressured Lua into dismissing his petition for writ of mandate challenging his denial of Lua's motion to disqualify Judge Prager from presiding over the trial.
Court conclude that the court erred in refusing to allow Lua to proceed on a claim that Salzetti failed to obtain, through his mother Camarillo, his informed consent to a vaginal, as opposed to Caesarean section (C-section), delivery. Court further conclude that the court improperly limited Camarillo's testimony on this issue and failed to properly instruct the jury on this claim as well. Court further conclude that these errors were prejudicial and that Court must therefore reverse the judgment. Based upon this holding, Court need not address Lua's remaining contentions.
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