page_title: Landeros v. Flood
section_title: Opinion
hierarchical_section_title: Landeros v. Flood / Opinion
caption_attribution_description: English: Depressed skull fracture in an infant
context_page_description: Landeros v. Flood was a 1976 court case in the state of California involving child abuse and alleged medical malpractice.
  In 1971, Gita Landeros, a minor, was seen in the emergency room by Dr. Flood for injuries inflicted by her mother and the mother's common law husband. Dr. Flood failed to diagnose "battered child syndrome" and also did not report the injuries to proper civil authorities in violation of California law. The child was released to the custody of her mother and the mother's common law husband, where she experienced further injury at their hands. The parents fled the state, but were apprehended and convicted of criminal child abuse. Gita Landeros brought a civil suit in tort for damages against Dr. Flood. The trial court dismissed her case as a matter of law. The case was appealed and decided in 1976 by the California Supreme Court.
context_section_description: Opinion written by Chief Judge Mosk:  By means of allegations phrased largely in the statutory language plaintiff undertakes to charge defendants with a duty to comply with section 11161.5 (second "cause of action") and sections 11160 and 11161 (third "cause of action"), and avers that they failed to make the reports thus required by law. Her allegations of proximate cause and damages on these counts are essentially identical to those of the first count.
  We have found no case directly in point, but the issues may be decided by reference to well settled principles. Succinctly stated, the rules governing our consideration of this appeal are "that a general demurrer admits the truth of all material factual allegations in the complaint [citation]; that the question of plaintiff's ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court [citations here omitted]; and that plaintiff need only plead facts showing that [may be shown to be relevant during the trial.]
  The standard of care in malpractice cases is also well known. With unimportant variations in phrasing, we have consistently held that a physician is required to possess and exercise, in both diagnosis and treatment, etc.  In this medical malpractice action plaintiff Gita Landeros, a minor, appeals from a judgment of dismissal entered upon an order sustaining general demurrers to her amended complaint. As will appear, we have concluded that the complaint states a cause of action and hence that the judgment must be reversed.
  Plaintiff brought the action by her guardian ad litem against A. J. Flood, a physician, and The San Jose Hospitals & Health Center, Inc. (hereinafter called the San Jose Hospital). The amended complaint purports to allege four "causes of action." of recovery alleged in support of a single cause of action for compensatory damages for personal injuries caused by defendants' negligence in failing to properly diagnose and treat the condition from which plaintiff was suffering; the fourth "cause of action" merely adds a claim for punitive damages on allegations that defendants' conduct in this respect was wilful and wanton. Defendants filed general demurrers. The court sustained the demurrers as to the first and second "causes of action" with leave to amend, and as to the third and fourth "causes of action" without leave to amend. Plaintiff elected to stand on her complaint as previously amended, and a judgment dismissing the entire action was therefore entered.
  On this appeal plaintiff has expressly abandoned her claim of punitive damages.  It is alleged that proper diagnosis of plaintiff's condition would have included taking X-rays of her entire skeletal structure, and that such procedure would have revealed the fracture of her skull. Defendants negligently failed to take such X-rays, and thereby negligently failed to diagnose her true condition. It is further alleged that proper medical treatment of plaintiff's battered child syndrome would have included reporting her injuries to local law enforcement authorities or juvenile probation department. Such a report would have resulted in an investigation by the concerned agencies, followed by a placement of plaintiff in protective custody until her safety was assured. Defendants negligently failed to make such report.
  The complaint avers that as a proximate result of the foregoing negligence plaintiff was released from the San Jose Hospital without proper diagnosis and treatment of her battered child syndrome, and was returned to the custody of her mother and Reyes who resumed physically abusing her until she sustained traumatic blows to her right eye and back, puncture wounds over her left lower leg and across her back, severe bites on her face, and second and third degree burns on her left hand.
  On July 1, 1971, plaintiff was again brought in for medical care, but to a different doctor and hospital. Her battered child syndrome was immediately diagnosed and reported to local police and juvenile probation authorities, and she was taken into p
caption: X-ray image of a depressed skull fracture in an infant. This injury is typical of child abuse cases.
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