Judge: Robert C. Longstreth, Case: 37-2022-00017458-CU-PO-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2022-00017458-CU-PO-CTL HYDE VS PALOMAR POMERADO HEALTH SYSTEMS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/30/2024

Defendant Palomar Health's Motion for Summary Judgment and Summary Adjudication (ROA 80) is DENIED.

Although Defendant styles its motion as one for summary judgment and summary adjudication, the court notes there is only one cause of action against Defendant for Medical Negligence Resulting in Wrongful Death. As such, Defendant's motion is effectively for summary judgment only.

Here, each side has retained an expert who is board-certified in emergency medicine. Defendant's expert Dr. Norton opines that the medical care provided to Plaintiff's deceased husband Mark Strawn on April 30, 2021 'was appropriate, met the standard of care, and did not cause or contribute to his eventual suicide completion.' (Norton Decl. ¶ 5.) Plaintiff's expert Dr. Birnbaum disagrees, concluding Mr. Strawn 'clearly met the criteria for voluntary or involuntary admission' and that Mr. Strawn's medical providers below the standard of care in a number of ways, including the failure to admit Decedent for treatment and observation and the failure to provide a safe discharge plan, among others. (Birnbaum Decl. ¶¶ 6, 8.) Defendant challenged the admissibility of Dr. Birnbaum's opinions, asserting it was unclear from his declaration whether Dr. Birnbaum had 'substantial professional experience within the last five years while assigned to provide emergency medical coverage in a general acute care hospital emergency department,' including whether Dr. Birnbaum's experience was 'in the same or similar locality' as San Diego, where the facts of this case occurred. (Health & Saf. Code § 1799.110(a), (c).) The court granted Defendant's request for continuance of its motion for the purpose of permitting Defendant to take a limited deposition of Dr. Birnbaum to determine whether Dr. Birnbaum's credentials were sufficient to meet statutory requirements. (ROA 107.) The deposition was completed and both parties submitted further briefing. After considering the additional briefing, the court concludes Dr.

Birnbaum's credentials are sufficient to comply with statutory requirements. Per his testimony, Dr.

Birnbaum was engaged in practice as an emergency room physician until November 20, 2021 in both San Antonio and the Greater Austin areas of Texas. The court finds these localities are sufficiently similar to San Diego for purposes of the statute. Defendant's arguments go to the weight to be given to Dr. Birbbaum's testimony, not to his qualifications to testify, which, under the relevant portion of the statute, require an inquiry into the general character of the medical communities involved, not, for example, the particular standards that govern the provision of care. Defendant's evidentiary objection to Dr. Birnbaum's declaration (ROA 98) is overruled.

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3120659  4 CASE NUMBER: CASE TITLE:  HYDE VS PALOMAR POMERADO HEALTH SYSTEMS [IMAGED]  37-2022-00017458-CU-PO-CTL In light of the conflicting expert testimony between Defendant's expert Dr. Norton and Plaintiff's expert Dr. Birnbaum, the court concludes there are triable issues of material fact (Pltf. Resp. Sep. Stmt. at ¶¶ 26-27) that clearly preclude summary judgment.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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