Ayala

Plaintiffs and appellants Yahaira Ayala (Ayala), a minor, by and through her guardian ad litem and mother, Rita Rios (Rios), and Rios individually (collectively, plaintiffs), appeal a judgment in favor of defendant and respondent Arroyo Vista Family Health Center (Arroyo) following a defense verdict in a medical malpractice action.

Plaintiffs’ theory of malpractice is that Arroyo was negligent in failing to test Ayala to determine whether she was suffering from hyperglycemia and as a consequence, Ayala fell into a diabetic coma and suffered permanent brain injury.

The essential issue presented on appeal is whether the trial court committed prejudicial instructional error by instructing the jury pursuant to Judicial Council of California Civil Jury Instruction (2006) CACI No. 506. This case requires us to address the circumstances under which it is appropriate to give said instruction.

We conclude that in order for CACI No. 506 to be given, there must have been expert testimony presented to the jury to the effect that a medical practitioner chose a medically accepted method of diagnosis (or treatment) from among alternative medically accepted methods of diagnosis (or…