This section contains the nature of the case and procedural background.

Gita Landeros (P) took a medical malpractice action against Flood (D) and the hospital he worked for, for the failure to diagnose a medical condition that P suffered from. P was born in 1970, and during her first year of life, P was severely beaten by her mother and her mother's common-law husband. When P was 11 months old she was taken to the San Jose Hospital (D1) and examined by D. At that time, P was suffering from a comminuted spiral fracture of the right tibia and fibula. P's mother had no explanation for the injury nor the bruises over her entire back nor for the superficial abrasions. P also had a nondepressed linear fracture of the skull. P exhibited all the symptoms of a battered child. P alleges that D negligently failed to take X-rays and thus failed to diagnose that P suffered from battered child syndrome. P was returned to the mother and the mother's husband until a year later when P was taken to another hospital, and that hospital made the correct diagnosis. P was placed in protective custody, and the perpetrators were brought to justice. P sued alleging that D and D1 were a proximate cause of P's injuries. Ds demurred and those were granted. P appealed.

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