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BURCHELL v. FACULTY PHYSICIANS & SURGEONS ETC.

No. E071146.

54 Cal.App.5th 515 (2020)

269 Cal. Rptr. 3d 44

KEITH BURCHELL, Plaintiff and Respondent, v. FACULTY PHYSICIANS & SURGEONS OF THE LOMA LINDA UNIVERSITY SCHOOL OF MEDICINE, Defendant and Appellant.

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

September 10, 2020.

Attorney(s) appearing for the Case

Horvitz & Levy, S. Thomas Todd , David M. Axelrad , Yen-Shyang Tseng ; Winet Patrick Gayer Creighton & Hanes, William J. Rohr , Catherine A. Gayer and Sarah Y. Sorensen for Defendant and Appellant.

Cole Pedroza, Curtis A. Cole and Scott M. Klausner for the American Medical Association, California Medical Association, California Dental Association and California Hospital Association as Amici Curiae on behalf of Defendant and Appellant.

David H. Ricks & Associates and David H. Ricks for Plaintiff and Respondent.

OPINION

In 2014, plaintiff and respondent Keith Burchell underwent what was supposed to be a simple, outpatient procedure to remove a small mass in his scrotum for testing. The surgeon, Dr. Gary Barker, discovered that the mass was more extensive than expected, involving not only the scrotum but also the penis. Barker...

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