Judge: Stephen P. Pfahler, Case: 20STCV38847, Date: 2022-12-29 Tentative Ruling

Case Number: 20STCV38847    Hearing Date: December 29, 2022    Dept: F49

Dept. F-49

Date: 12-29-22 c/f 11-3-22

Case #20STCV38847

Trial Date: 6-5-23

SUMMARY JUDGMENT

MOVING PARTY: Defendants, San Joaquin Community Hospital dba Adventist Health Bakersfield, et al.

RESPONDING PARTIES: Unopposed/Plaintiff, Cinda Mickols

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 performed 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/Moot as to Barry Chupa.

Defendants San Joaquin Community Hospital dba Adventist Health Bakersfield, and Barry Chupa move for summary judgment on the remaining cause of action for medical malpractice.

Plaintiff dismissed Barry Chupa on October 12, 2022, thereby rendering the instant motion moot.

San Joaquin Community Hospital dba Adventist Health Bakersfield moves on grounds that the care and treatment provided by staff complied with the standard of care, and no act or omission of hospital staff caused or contributed to the injuries of Plaintiff. San Joaquin Community Hospital dba Adventist Health Bakersfield otherwise denies any liability for the conduct of any other treating physician. San Joaquin Community Hospital dba Adventist Health Bakersfield `submits an expert declaration from Mark Spoonamore, 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. Spoonamore 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 hospital staff complied with the standard of care, and no act or omission by staff caused or contributed to the development of any injuries. The declaration of Dr. Spoonamore 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 San Joaquin Community Hospital dba Adventist Health Bakersfield staff caused or contributed to the injuries of Plaintiff. The motion for summary judgment is therefore granted.

Motion for reconsideration set for February 6, 2023.

Moving Defendant to give notice to all parties.