Patient May Pursue Doctor For More Than Malpractice.

Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss.  The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does not preclude a negligent maintenance claim if the negligent maintenance is alleged to be caused by an act separate from the act which allegedly amounted to malpractice.  Johnson v. Chiu   (Cal. App. Fourth Dist., Div. 3;  September 29, 2011) 199 Cal. App. 4th 775, [131 Cal.Rptr.3d 614].