Attached is the recent case decision rendered by the California Court of Appeal, Third Appellate District (Shasta) entitled Carl R. Massey v. Mercy Medical Center Redding et. al. (2009) which stands for the proposition that certain medical negligence actions involving nursing care do not require expert testimony.
The Court of Appeal in Massey ruled that expert opinion testimony was not required for a jury to resolve the question of whether the nurse’s conduct had fallen short of the reasonable standard of care, the panel reversed the trial court’s order granting the defense’s motion for nonsuit.
See attached for entire case summary.