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Landmark Cases

Case Name: Gita LANDEROS [by her guardian]
v. A.J. FLOOD, MD, etal

Date, Location, Cite: 1976 CA
131 California 69
CA Supreme Court

Plaintiff Child was born in 1970, beaten many times.; in Apr,'71, was taken to San Jose Hospital., saw Dr. Flood- lots of fractures- no x-rays or report. In July,'71, a different hospital diagnosed battered child syndrome. The parents prosecuted. (? who battered child) Action v. Flood based on negligence--pain & suffering. Trial Court dismissed, said "negligence not malpractice," but the Ca Supreme Court said further injury was foreseeable and a Jury should decide. This type law exists in every state; where therapeutic alliance ends & duty to warn begins is always a question - failure to report is a crime