Judge: Lee W. Tsao, Case: 21STCV08233, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV08233    Hearing Date: January 17, 2023    Dept: C

ESTATE OF RICKY POUNCEY v. LAKEWOOD REGIONAL MEDICAL CENTER

CASE NO.:  21STCV08233

HEARING:  1/17/23 @ 1:30 PM

#6

TENTATIVE RULING

Defendant Patel’s unopposed motion for summary judgment is GRANTED.

Moving Party to give NOTICE.

Defendant Patel moves for summary judgment pursuant to CCP § 437c.

Complaint

Plaintiffs Estate of Ricky Pouncey and Mildred Poole’s Complaint alleges that Defendants were negligent in ordering a dialysis and performing a colonoscopy on Decedent Ricky Pouncey.  Based thereon, the Complaint asserts causes of action for:

1.    Health Care Provider Negligence

2.    Survivorship

3.    Loss of Consortium

Standard

A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established.  (CCP § 437c(p)(2).)

The duty owed by a medical provider is established by the standard of care followed by other medical providers in the same or similar community. “Expert evidence in a medical malpractice suit is conclusive as to the proof of the prevailing skill and learning in the locality and of the propriety of the particular conduct by the practitioner and in particular instances because such a standard and skill is not a matter of general knowledge and can only be supplied by expert testimony.”  (Willard v. Hagemeister (1991) 121 Cal.App.3d 406, 412.) Where the moving party produces competent expert opinion declarations showing that there is no triable issue of fact on an essential element of the opposing party's claim, the opposing party's burden is to produce competent expert opinion declarations to the contrary.  (Ochoa v. Pacific Gas & Elec. Co. (1998) 61 CA4th 1480, 1487.) 

Merits

Defendant produces the expert opinion declaration of Andrew Wachtel, M.D.  The court finds Wachtel is a qualified expert.  Wachtel declares that Defendant Patel complied with the standard of care.  (Wachtel Decl., ¶ 9.)  To a reasonable medical probability, Dr. Patel did not cause or contribute to any medical complications experienced by Mr. Pouncey, including his death on November 10, 2020.  (Id., ¶ 30.)

Plaintiffs filed a Notice of Non-Opposition on November 3, 2022.

Accordingly, Defendant’s motion for summary judgment is GRANTED.