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Hospital

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Saini v. Health, No. A162081, 2022 Cal. App. LEXIS 597 (Ct. App. June 17, 2022)

Following Gray v. Dignity Health (2021) 70 Cal.App.5th 225, this decision holds that a hospital does not violate the CLRA if it discloses its emergency room evaluation and management services fee in its on-line chargemaster list of fees.  No additional signage or disclosure of the EMS fee is required.  Any requirement of the sort would impair the Legislature's and Congress'… Read More

Magallanes de Valle v. Doctors Med. Ctr. of Modesto, No. F082099, 2022 Cal. App. LEXIS 590 (Ct. App. June 24, 2022)

A hospital may be held vicariously liable for a doctor's negligent treatment of a patient at the hospital if the doctor is a hospital employee or the hospital's ostensible agent.   Mejia v. Community Hospital of San Bernardino (2002) 99 Cal.App.4th 1448; Whitlow v. Rideout Memorial Hospital (2015) 237 Cal.App.4th 631.  Here, the trial court correctly granted the hospital summary judgment… Read More