This case was last updated from Los Angeles County Superior Courts on 10/16/2020 at 09:48:02 (UTC).

ESTHER FELDMAN VS SURGERY CENTER OF THE PACIFIC ET AL

Case Summary

On 03/01/2018 ESTHER FELDMAN filed a Personal Injury - Medical Malpractice lawsuit against SURGERY CENTER OF THE PACIFIC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6289

  • Filing Date:

    03/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

FELDMAN ESTHER

Defendants and Respondents

SANTA MONICA ORTHOPEDIC & SPORTS MEDICINE

SURGERY CENTER OF THE PACIFIC

SOVEREIGN HEALTHCARE

O'NEILL GEOFFERY A. M.D.

DOES 1 TO 50

BAYSIDE ANESTHESIA MEDICAL GROUP

ROSENZWEIG SCOTT L. M.D.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CONTOS JOHN R. ESQ.

CONTOS JOHN R.

Defendant Attorneys

SCHMID & VOILES

DOYLE SCHAFER MCMAHON LLP

QUILLIGAN BRUCE JAMES

TAGGART DEBORAH S.

MARTINEZ SYDNEY JUSTINE

 

Court Documents

Request for Refund / Order

5/27/2020: Request for Refund / Order

Stipulation - No Order - STIPULATION - NO ORDER FOR BINDING ARBITRATION AND STAY OF ACTION

6/17/2020: Stipulation - No Order - STIPULATION - NO ORDER FOR BINDING ARBITRATION AND STAY OF ACTION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: BINDING ARBITRATION) OF 07/30/2020

7/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: BINDING ARBITRATION) OF 07/30/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: BINDING ARBITRATION)

7/30/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: BINDING ARBITRATION)

Answer

3/12/2020: Answer

Ex Parte Application - EX PARTE APPLICATION CONTINUE TRIAL

1/29/2020: Ex Parte Application - EX PARTE APPLICATION CONTINUE TRIAL

Minute Order - MINUTE ORDER (PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL)

1/31/2020: Minute Order - MINUTE ORDER (PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL)

Minute Order - MINUTE ORDER (DEFENDANT GEOFFREY A. O'NEILL, M.D.'S MOTION FOR SUMMARY JUDG...)

11/8/2019: Minute Order - MINUTE ORDER (DEFENDANT GEOFFREY A. O'NEILL, M.D.'S MOTION FOR SUMMARY JUDG...)

Opposition - OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

9/26/2019: Opposition - OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

9/9/2019: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

6/27/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Notice of Lodging - NOTICE OF LODGING NTC OF LODGING

5/17/2019: Notice of Lodging - NOTICE OF LODGING NTC OF LODGING

Separate Statement

5/17/2019: Separate Statement

ANSWER TO PLAINTIFF'S ORIGINAL COMLAINT BY DEFENDANT, GEOFFERY A. 0'NEILL, M.D.

8/9/2018: ANSWER TO PLAINTIFF'S ORIGINAL COMLAINT BY DEFENDANT, GEOFFERY A. 0'NEILL, M.D.

CIVIL DEPOSIT -

8/9/2018: CIVIL DEPOSIT -

DECLARATION OF TRIAL COUNSEL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

8/9/2018: DECLARATION OF TRIAL COUNSEL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

NOTICE OF POSTING JURY FEES AND DEMAND FOR JURY TRIAL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

8/9/2018: NOTICE OF POSTING JURY FEES AND DEMAND FOR JURY TRIAL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

SUMMONS -

3/1/2018: SUMMONS -

25 More Documents Available

 

Docket Entries

  • 01/29/2021
  • Hearing01/29/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Binding Arbitration

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  • 10/06/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 09/22/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 07/30/2020
  • Docketat 08:58 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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  • 07/30/2020
  • DocketMinute Order ( (Court Order Re: Binding Arbitration)); Filed by Clerk

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  • 07/30/2020
  • DocketCertificate of Mailing for ((Court Order Re: Binding Arbitration) of 07/30/2020); Filed by Clerk

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  • 07/09/2020
  • DocketStipulation and Order (Stipulation For Binding Arbitration and Stay of Action; and [Proposed] Order Thereon); Filed by SANTA MONICA SURGICAL PARTNERS, LLC dba SURGERY CENTER OF THE PACIFIC Erroneously Sued As Surgery Center Of The Pacific (Defendant)

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  • 06/17/2020
  • DocketStipulation - No Order (for Binding Arbitration and Stay of Action); Filed by SANTA MONICA SURGICAL PARTNERS, LLC dba SURGERY CENTER OF THE PACIFIC Erroneously Sued As Surgery Center Of The Pacific (Defendant)

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  • 05/27/2020
  • DocketRequest for Refund / Order; Filed by SANTA MONICA SURGICAL PARTNERS, LLC dba SURGERY CENTER OF THE PACIFIC Erroneously Sued As Surgery Center Of The Pacific (Defendant)

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  • 05/04/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Arbitration - Not Held - Advanced and Vacated

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39 More Docket Entries
  • 08/09/2018
  • DocketDeclaration; Filed by Geoffery A. M.D. O'Neill (Defendant)

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  • 08/09/2018
  • DocketNotice; Filed by Geoffery A. M.D. O'Neill (Defendant)

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  • 08/09/2018
  • DocketReceipt; Filed by Geoffery A. M.D. O'Neill (Defendant)

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  • 08/09/2018
  • DocketNOTICE OF POSTING JURY FEES AND DEMAND FOR JURY TRIAL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

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  • 08/09/2018
  • DocketCIVIL DEPOSIT

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  • 08/09/2018
  • DocketANSWER TO PLAINTIFF'S ORIGINAL COMLAINT BY DEFENDANT, GEOFFERY A. 0'NEILL, M.D.

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  • 08/09/2018
  • DocketDECLARATION OF TRIAL COUNSEL ON BEHALF OF DEFENDANT, GEOFFERY A. O'NEILL, M.D.

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  • 03/01/2018
  • DocketSUMMONS

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  • 03/01/2018
  • DocketCOMPLAINT FOR PROFESSIONAL NEGLIGENCE

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  • 03/01/2018
  • DocketComplaint; Filed by Esther Feldman (Plaintiff)

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Tentative Rulings

Case Number: BC696289    Hearing Date: November 08, 2019    Dept: 4A

Motion for Summary Judgment, or in the Alternative, Summary Adjudication

Having considered the moving papers, the Court rules as follows. opposing papers were filed.

BACKGROUND

On March 1, 2018, Plaintiff Esther Feldman (“Plaintiff”) filed a complaint against Defendants Surgery Center of the Pacific, Scott L. Rosenzweig, M.D., Geoffery A. O’Neill, M.D., Bayside Anesthesia Medical group, Santa Monica Orthopedic & Sports Medicine Group, and Sovereign Healthcare (“Defendants”).  The complaint alleges medical malpractice for deficient treatment provided on December 15, 2016.

On May 17, 2019, Defendant Geoffrey A. O’Neill, M.D. filed a motion for summary judgment, or in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437c.

Trial is set for February 18, 2020.

PARTYS REQUEST

Defendant Geoffrey A. O’Neill, M.D. (“Moving Defendant”) asks the Court to enter summary judgment, or in the alternative, summary adjudication against Plaintiff based on Moving Defendants expert declaration opining that Moving Defendant did not breach a duty of care or cause Plaintiffs injuries.

LEGAL STANDARD

The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)

“On a motion for summary judgment, the initial burden is always on the moving party to make a prima facie showing that there are no triable issues of material fact.” (Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) A defendant moving for summary judgment “has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action . . . cannot be established.” (Code Civ. Proc., § 437c, subd. (p)(2).) “Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (Ibid.) “If the plaintiff cannot do so, summary judgment should be granted.” (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal.App.4th 463, 467.)

“When deciding whether to grant summary judgment, the court must consider all of the evidence set forth in the papers (except evidence to which the court has sustained an objection), as well as all reasonable inferences that may be drawn from that evidence, in the light most favorable to the party opposing summary judgment.” (Avivi, supra, 159 Cal.App.4th at p. 467; see also Code Civ. Proc., § 437c, subd. (c).)

DISCUSSION

The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Simmons v. West Covina Medical Clinic (1989) 212 Cal.App.3d 696, 701-702 (citations omitted).) “Both the standard of care and defendants’ breach must normally be established by expert testimony in a medical malpractice case.” (Avivi, supra, 159 Cal.App.4th at p. 467.)

Thus, in a medical malpractice case, “[w]hen 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 (citations omitted).) An expert declaration, if uncontradicted, is conclusive proof as to the prevailing standard of care and the propriety of the particular conduct of the health care provider. (Starr v. Mooslin (1971) 14 Cal.App.3d 988, 999.)

Moving Defendant has submitted the declaration of anesthesiologist Todd Newman, M.D. in support of Moving Defendant’s motion for summary judgment.  Dr. Newman provided his qualifications.  (Newman Decl., 2.)  Dr. Newman then stated he reviewed Plaintiff’s medical chart from Surgery Center of the Pacific and Plaintiff’s deposition transcript.  (Newman Decl., ¶ 4.)  Dr. Newman next listed the relevant medical facts.  (Newman Decl., ¶¶ 5.a.-5.g.)

Dr. Newman opined that Moving Defendant complied with the applicable standard of care.  (Newman Decl., ¶ 6.a..In doing so, Dr. Newman opined on several discrete points listed below.

The surgical prep, including the use of Chloraprep, was done by the nurses in the operating room.  (Newman Decl., ¶ 6.a.)  The anesthesiologist would not be responsible for the application of the Chloroprep on a patient.  (Ibid.)  Moving Defendant confirmed with Plaintiff prior to the operation that Plaintiff had not taken anything by mouth and that Plaintiff wished to proceed with the explained anesthesia procedure.  (Newman Decl., ¶ 6.b.)  The standard of care calls for the attention of the anesthesiologist to be directed to monitoring the vital signs of the patient and insuring that the anesthesia equipment is functioning properly during the procedure.  (Newman Decl., ¶ 6.d.)  The anesthesia records clearly indicate Moving Defendant complied with this standard of care.  (Ibid.)  There was a bulky sterile dressing applied to Plaintiff’s left shoulder, which would obstruct the view of Plaintiff’s left shoulder when Moving Defendant saw Plaintiff in the Post Anesthesia Recovery Unit.  (Newman Decl., ¶ 6.e.)  The Discharge Report did not include any notation of blistering of the skin in the area of Plaintiff’s left shoulder.  (Newman Decl., ¶ 6.f.)

The Court finds Moving Defendant’s expert declaration is sufficient to satisfy Moving Defendant’s burden of proof.  The burden shifts to Plaintiff.  Plaintiff does not oppose this motion or submit a sufficiently contradictory expert declaration.  Accordingly, the motion is properly granted.

The motion for summary judgment is GRANTED.

Moving Defendant is ordered to give notice of this ruling.