N.R.

facts alleged do not establish a violation of the mandatory reporting requirements of a statute, such as Health and Safety Code section 103900. The statute’s discretionary reporting provisions do not provide the basis for a negligence per se claim. We reverse the judgment in favor of the doctor and affirm the judgment in favor of the skilled nursing facility and home health agency.

FACTS1

Defendant Ray Nazarikangarlu (Patient) was 84 years old when he collided with plaintiff. He was self-employed, owned a Ford E450 commercial box truck, and resided in Morgan Hill, California. He would drive the truck from Morgan Hill to Fresno, pick up produce, haul it back to Morgan Hill, and sell it. In 2018,2 Patient had significant health problems that required hospitalization. On June 3, Patient was transferred from St. Louise Hospital to O’Connor Hospital, where a complex surgery would be performed. During Patient’s stay at O’Connor Hospital, defendant hospitalist Archana N. Dhawan, M.D., was the attending physician responsible for his medical care. On June 5, defendant Mohammadreza Rohaninejad, M.D., performed the surgery, removing Patient’s gallbladder and repairing a hernia. After the…