Healthcare Law

1st District Court of Appeal, Healthcare Law, Personal Injury & Tort

Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation

automatic / March 27, 2026

First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.

3rd District Court of Appeal, Healthcare Law, Litigation

Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

automatic / March 18, 2026

Third District holds that a memory care facility's selection of the FAA does not displace California's section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.

2nd District Court of Appeal, Healthcare Law, Litigation

Pomona Valley Hospital v. Kaiser Foundation Health Plan — Expired contract rates are admissible in quantum meruit dispute over emergency room reimbursement; prejudgment interest capped at 7 percent

automatic / March 12, 2026

Second District holds that a hospital's expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.