Judge: Stephen P. Pfahler, Case: 20STCV38847, Date: 2022-08-18 Tentative Ruling

Case Number: 20STCV38847    Hearing Date: August 18, 2022    Dept: F49

Dept. F-49

Date: 8-18-22 c/f 7-19-22

Case #20STCV38847

Trial Date: Not Set

SUMMARY JUDGMENT

MOVING PARTY: Defendant, Mary Grace Magalong, M.D.

RESPONDING PARTIES: Unopposed/Plaintiff, Cinda Mickols[1]

RELIEF REQUESTED

Motion for Summary Judgment

SUMMARY OF ACTION

On October 10, 2019, Plaintiff Cinda Mikols presented to the emergency room, and underwent a right sided lateral interbody fusion and segmental fixation at L4-L5 operation peformed by Defendant Dr. Mark Liker. Plaintiff’s post surgical condition, due to both post-operative infections and developing hypoxemia. On October 14, 2019 Plaintiff was diagnosed with a number of conditions, including but not limited to, septic shock and renal failure, which the diagnosing physician, Imad Abumeri, found unrelated to surgery and therefore required no further intervention. On October 20, 2019, Plaintiff underwent a second operation for a right hemi-colectomy with ileostome placement.

On October 9, 2020, Plaintiff filed a complaint for Medical Malpractice and Medical Negligence. The action was transferred from Department 28 to Department 49 on January 14, 2022.

RULING: Granted.

Defendant Mary Grace Magalong, M.D. moves for summary judgment on the remaining cause of action for medical malpractice. Dr. Magalong moves on grounds that the care and treatment provided complied with the standard of care, and no act or omission of Dr. Magalong caused or contributed to the injuries of Plaintiff. Dr. Magalong submits an expert declaration from Christopher Cooper, M.D., in support.

“‘When a defendant moves for summary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, he is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.’” (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984-985.) The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. (Elcome v. Chin (2003) 110 Cal.App.4th 310, 317.) 

The defense expert declaration of Dr. Cooper sets forth expert qualifications, indicates review of Plaintiff’s medical records, details the care and treatment of Plaintiff, and concludes that the care and treatment provided by Dr. Magalong complied with the standard of care, and no act or omission by Dr. Joshi caused or contributed to the development of any injuries. The declaration of Dr. Cooper sufficiently meets the moving burden on summary judgment.

Plaintiff submits no counter declaration and concedes to the merits of the motion through the declaration of non-opposition. The court finds no triable issues of material fact exist on the issue of the standard of care, and whether the care and treatment provided by Dr. Magalong caused or contributed to the injuries of Plaintiff. The motion for summary judgment is therefore granted.

Two motions for summary judgment, one scheduled (Imad Abumeri, M.D.) and one reserved, set for August 24, 2022.

Moving Defendant to give notice to all parties.