Smith v. Moffat

Opinion

TAMURA, J.

These appeals arise, out of a wrongful death action brought by plaintiff, a minor, for the death of his mother (Cynthia Smith) allegedly caused by negligent medical care provided by defendant Dr. James Moffat and the Westminster Community Hospital. Cynthia Smith was injured in an automobile accident and taken to a hospital where she received emergency treatment including a trache otomy. She died some 30 hours later. Plaintiff’s theoiy of liability was that defendant and the hospital failed to provide proper medical care and treatment following the tracheotomy. The jury…