Legal Opinion

Duarte v. Chino Community Hospital

California Court of Appeal

Decided June 3, 1999No. E020473PublishedCited by 67 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

McKINSTER Acting P. J.

The plaintiffs, the surviving family members of a woman who died from severe head injuries suffered in an automobile accident, sued the woman’s attending physician and hospital for damages for an allegedly negligent failure to either comply with the family’s request to terminate use of a respirator or to transfer the woman to a health care provider who would comply. The plaintiffs appeal from a defense verdict. We affirm.

Factual and Procedural Background

Martha Duarte (Mrs. Duarte) suffered a broken neck in an automotive accident on June 3, 1991. She was taken to…

2Cases cited6 opinions

  1. Cobbs v. GrantCalifornia Supreme Court · 1972
  2. Thor v. Superior CourtCalifornia Supreme Court · 1993
  3. Ojavan Investors, Inc. v. California Coastal Com.California Court of Appeal · 1997
  4. Tyler v. State of CaliforniaCalifornia Court of Appeal · 1982
  5. Bernard v. Hartford Fire InsuranceCalifornia Court of Appeal · 1991

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3Cited by67 opinions

  1. Nwosu v. UbaCalifornia Court of Appeal · 2004
  2. Keyes v. BowenCalifornia Court of Appeal · 2010
  3. Lewis v. County of SacramentoCalifornia Court of Appeal · 2001
  4. Riverside County Sheriff's Department v. StiglitzCalifornia Supreme Court · 2014
  5. Nelson v. Avondale Homeowners Assn.California Court of Appeal · 2009

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