Torts, Medical Malpractice, Abandonment of Patient, Reliance on Other’s Good Conduct, 1, 1
The trial court did not err in this medical malpractice case in not giving CACI 509, dealing with a doctor’s abandonment of the patient. For the instruction to be applicable, the doctor must accept the patient into his care and then refuse to treat the patient without giving sufficient notice. Here, plaintiff was treated by a hospital’s ER staff. Defendant merely provided advice. While he left the hospital before the new treating physician arrived, he didn’t abandon the patient, and the jury concluded he wasn’t negligent in leaving early. The trial court also did not err in giving CACI 411 which says everyone is entitled to expect that others will use reasonable care. There was no contention or evidence to show that anyone but Liker was negligent.