Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.

A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a technician switched out the ventilator. Her pulse dropped precipitously and a Code Blue was called. A neurologist later determined she suffered from anoxic brain injury due to lack of oxygen. She died several days later. A medical malpractice/wrongful death action against the hospital and her doctor followed. The court granted a nonsuit in favor of the hospital and the action against the doctor proceeded to a jury trial. The jury found in favor of the doctor. On appeal, the woman’s family contended the trial court erred in permitting the doctor to present evidence that a ventilator malfunction, rather than physician negligence, was the cause of death because Code of Civil Procedure section 581c, prevented the doctor from “lay[ing] blame” on the hospital. The appellate court noted:  “At the heart of plaintiffs’ appeal is the scope of section 581c, which provides, in relevant part, that “[i]n actions which arise out of an injury to the person or to property, when a motion for judgment of nonsuit was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiff’s objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.” In affirming, the appellate court stated:  “We do not believe the statute was intended to prevent a defendant from presenting, in good faith, relevant evidence related to a causative factor for which there is no culpable party.” (Leal v. Mansour  (Cal. App. Second Dist., Div. 8; October 30, 2013) (As Mod. November 20, 2013) 221 Cal.App.4th 638, [164 Cal.Rptr.3d 695].