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PIEDRA v. DUGAN

No. G032653.

21 Cal.Rptr.3d 36 (2004)

123 Cal.App.4th 1483

Rey PIEDRA, a Minor, etc., Plaintiff and Appellant, v. J.M. DUGAN, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied December 3, 2004.

Review Denied February 16, 2005.

Attorney(s) appearing for the Case

Hoyt E. Hart II for Plaintiff and Appellant.

Horvitz & Levy, H. Thomas Watson, Encino, Tracy L. Turner; Ahrens & Rosa and Stephen A. Rosa, Santa Ana, for Defendant and Respondent.

OPINION

FYBEL, J.

INTRODUCTION

Rey Piedra, an infant, suffered cardiac arrest, resulting in severe brain damage. Rey's parents, Jesus Piedra and Agripina Arroyo, as Rey's guardians ad litem, sued Rey's treating physician, Dr. J.M. Dugan, for medical malpractice, negligent failure to obtain informed consent, and battery. The trial court granted a motion for non-suit on the battery claim, and the jury found in favor of Dr. Dugan on the malpractice...

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