Justia California Court of Appeals Opinion Summaries

Plaintiff Sabrina Zaragoza was admitted to Mercy Medical Center Merced with abdominal pain and later diagnosed with a bile leak. Dr. Nadir Adam performed a gallbladder removal surgery (cholecystectomy) on her. Following complications, including a bile leak and multiple subsequent surgeries, Zaragoza filed a medical malpractice lawsuit against Dr. Adam and others, alleging negligence in her treatment.The San Francisco County Superior Court granted summary judgment in favor of Dr. Adam. The court relied on the declaration of Dr. Eric Morse, a medical expert who reviewed Zaragoza's medical records and concluded that Dr. Adam performed the surgery within the standard of care and that the bile leak was a recognized risk of the procedure, not due to negligence. Dr. Morse also attributed Zaragoza's complications to a bowel perforation caused by a subsequent procedure performed by another doctor, Dr. Uppal. Zaragoza did not submit an opposing expert declaration.The California Court of Appeal, First Appellate District, Division Three, reversed the summary judgment. The appellate court found that Dr. Morse's declaration was conclusory and lacked a reasoned explanation for his opinions. Specifically, Dr. Morse did not adequately explain how he ruled out negligence by Dr. Adam or how he determined that the bile leak was not due to surgical error. The court emphasized that expert declarations must provide detailed factual bases and reasoned explanations to support their conclusions. The appellate court concluded that Dr. Adam failed to meet his initial burden of showing the absence of a triable issue of material fact and directed the trial court to deny the motion for summary judgment. View "Zaragoza v. Adam" on Justia Law

Glenn and Geneanne Maniago filed a lawsuit against Desert Cardiology Consultants’ Medical Group, Inc. (DCCMG) and Dr. Praveen Panguluri, asserting five causes of action: negligence, loss of consortium, assault, battery, and unfair business practices. Glenn, a scrub technologist, was exposed to HIV patient’s blood during a procedure due to Dr. Panguluri’s actions. The complaint did not allege that Glenn contracted HIV but claimed harm from the exposure.The Superior Court of Riverside County sustained demurrers to most of the claims with leave to amend, overruled the demurrer to Glenn’s negligence claim, and struck the punitive damages allegations. The Maniagos did not request oral argument and did not appear for the hearing. Subsequently, they voluntarily dismissed their entire action with prejudice to expedite an appeal of the adverse rulings.The Court of Appeal, Fourth Appellate District, Division One, concluded that it lacked jurisdiction to adjudicate the appeal from a voluntary dismissal entered by the clerk at the plaintiffs’ request without a final judicial determination of their claims. The court emphasized that a voluntary dismissal by a plaintiff is a ministerial act and not appealable. The court dismissed the appeal for lack of jurisdiction, noting that the appropriate vehicle for challenging interlocutory rulings is a petition for writ of mandate, not an appeal from a voluntary dismissal. View "Maniago v. Desert Cardiology Consultants' Medical Group" on Justia Law

In this case, Joely Ng filed a complaint against Los Alamitos Medical Center and several doctors, alleging medical malpractice and wrongful death following the death of her husband, Kenneth Ng. Kenneth was admitted to the Medical Center due to a malfunction of his G-tube, which was improperly placed by Dr. McMahon. Subsequent negligence by other doctors led to Kenneth developing sepsis and dying three months later. Joely Ng sought noneconomic damages for both wrongful death and a survival claim.The Superior Court of Orange County granted the Medical Center's motion to strike portions of Ng's complaint that sought two separate caps on noneconomic damages under the Medical Injury Compensation Reform Act (MICRA). The court reasoned that the wrongful death claim was not separate from the medical negligence claim and thus could not be subject to a separate MICRA cap. The court denied leave to amend but allowed for the possibility of future amendments if Ng could allege facts supporting the claims as separate and distinct.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court concluded that wrongful death and survival claims are separate and distinct, even when based on the same incident of medical malpractice. Therefore, Ng is entitled to seek two separate MICRA caps for noneconomic damages. The court granted Ng's petition, directing the trial court to vacate its previous order and issue a new order denying the Medical Center's motion to strike. View "Ng v. Super. Ct." on Justia Law

In this case, Joely Ng filed a complaint against Los Alamitos Medical Center, Inc. and several doctors, alleging medical malpractice and wrongful death following the death of her husband, Kenneth Ng. Kenneth was admitted to the Medical Center due to a malfunction of his G-tube, which was improperly placed by Dr. McMahon. Subsequent doctors failed to confirm the correct placement, leading to Kenneth developing sepsis and dying three months later. Joely Ng sought noneconomic damages for both wrongful death and medical malpractice claims.The Superior Court of Orange County granted the Medical Center’s motion to strike portions of Ng’s complaint that sought two separate caps on noneconomic damages under the Medical Injury Compensation Reform Act of 1975 (MICRA). The court reasoned that the wrongful death claim was not separate from the medical negligence claim and thus could not be subject to a separate MICRA cap. The court denied leave to amend but allowed for the possibility of future amendments if Ng could allege facts supporting the claims as separate and distinct.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court concluded that wrongful death and survival claims, even when based on the same medical malpractice, are separate and distinct. Therefore, Ng is entitled to seek two separate MICRA caps for noneconomic damages. The appellate court granted the petition, directing the trial court to vacate its order granting the motion to strike and to issue a new order denying the motion. View "Ng v. Super. Ct." on Justia Law

A three-year-old child, Charlie L., was brought to the emergency department at PIH Health Hospital-Whittier with abdominal pain. The emergency department physician ordered "stat" X-ray and ultrasound images, which were remotely reviewed by Dr. Peyman Kangavari, an on-call radiologist. Dr. Kangavari reported that the images showed no bowel obstruction. The child was discharged but returned to the hospital shortly after with severe symptoms, leading to multiple surgeries and long-term health issues.In the Superior Court of Los Angeles County, Charlie L., through his mother, filed a negligence action against Dr. Kangavari, alleging medical malpractice for failing to diagnose the bowel obstruction. Dr. Kangavari moved for summary judgment, supported by an expert declaration from Dr. John Lieu, asserting adherence to the standard of care. Charlie L. opposed the motion with an expert declaration from Dr. Ravi Srinivasa. The trial court ruled that Health and Safety Code section 1799.110 applied, requiring stricter qualifications for expert witnesses in emergency medical cases. The court found Dr. Lieu qualified but Dr. Srinivasa not, and granted summary judgment for Dr. Kangavari.The California Court of Appeal, Second Appellate District, reviewed the case. The court held that section 1799.110’s stricter qualifications for expert witnesses apply to on-call radiologists providing emergency medical services. The court found that neither Dr. Lieu nor Dr. Srinivasa met the qualifications required under section 1799.110. Consequently, the court reversed the summary judgment for Dr. Kangavari and remanded the case for further proceedings. View "Charlie L. v. Kangavari" on Justia Law

Marites Murphy was involved in a head-on car collision in Petaluma in February 2020. Fire Department paramedics Jude Prokop and Shay Burke responded to the scene. Murphy repeatedly told the paramedics she was not injured and did not want medical assistance, even after being warned she might have a serious injury. The paramedics assessed her capacity to refuse treatment and left the scene. Hours later, Murphy suffered a debilitating stroke due to a hypertensive crisis triggered by the collision. She sued the City of Petaluma and the paramedics for medical negligence, alleging they failed to properly assess her condition and transport her to a hospital.The Sonoma County Superior Court granted summary judgment in favor of the defendants, ruling that the paramedics did not assume a duty of care to provide the medical assistance Murphy claimed was owed. The court found that the paramedics did not initiate medical care but merely offered it, which Murphy refused.The California Court of Appeal, First Appellate District, Division One, affirmed the lower court's decision. The appellate court held that the paramedics did not owe Murphy a duty to provide medical assistance under the negligent undertaking doctrine because she repeatedly refused such assistance. The court distinguished this case from others where first responders had undertaken to provide medical care. The court concluded that the paramedics' actions did not increase the risk of harm to Murphy and that they left her in the same condition as when they arrived. Therefore, the paramedics did not assume a duty to provide the level of medical care Murphy alleged was required. View "Murphy v. City of Petaluma" on Justia Law

Plaintiffs Lisa Lombardo, Daniel Bates, and James Bates sued Gramercy Court as heirs of Elizabeth Stein, alleging wrongful death, negligence, elder abuse, and gross negligence due to the care Stein received at Gramercy Court's nursing facility. Stein developed bedsores and died shortly after being transferred back to the hospital. Gramercy Court petitioned to compel arbitration based on an agreement Lombardo signed on Stein's behalf, but the trial court denied the petition.The Superior Court of Sacramento County found that Stein's durable power of attorney did not grant Lombardo the authority to sign arbitration agreements on Stein's behalf. The court also determined that Stein did not give Lombardo ostensible authority through her actions. Additionally, the court ruled that the arbitration agreement was not enforceable against Lombardo's or the other plaintiffs' individual claims.The Court of Appeal of the State of California, Third Appellate District, reviewed the case and affirmed the trial court's decision. The appellate court held that Lombardo did not have actual or ostensible authority to bind Stein to the arbitration agreement. The durable power of attorney did not explicitly grant Lombardo the authority to enter into arbitration agreements, and there was no evidence that Stein's conduct led Gramercy Court to believe Lombardo had such authority. The court also concluded that the arbitration agreement did not apply to the plaintiffs' individual claims, as Lombardo was not a party to the agreement in her individual capacity. The appellate court affirmed the trial court's order denying Gramercy Court's petition to compel arbitration. View "Lombardo v. Gramercy Court" on Justia Law

In February 2013, the decedent was admitted to Elmcrest Care Center, suffering from Parkinson’s disease, dysphagia, and dementia. On August 4, 2017, he was found nonresponsive and later died in the hospital. The Estate of Jose de Jesus Ortiz, represented by Ericka Ortiz, filed a civil action against Elmcrest and its staff for elder abuse, neglect, negligence, willful misconduct, and fraud, alleging that their failure to provide necessary care led to his death. The trial court compelled arbitration based on an agreement signed upon the decedent’s admission.The arbitrator issued a First Interim Award on March 30, 2022, finding that the Estate did not meet its burden of proof on any claims. The award allowed for further submissions to address any omitted issues. The Estate requested an amendment, arguing the arbitrator had omitted damages for pre-death loss of dignity. The arbitrator issued a Second Interim Award on May 26, 2022, awarding $100,000 in damages for pre-death pain and suffering. Respondents moved to vacate this award, arguing the First Interim Award was final. The arbitrator denied the motion, stating the First Interim Award was not final and had omitted a necessary issue.The trial court initially denied the Estate’s petition to vacate the First Interim Award, ruling it was not final. However, it later vacated the Final Award and confirmed the First Interim Award, finding the First Interim Award had resolved all necessary issues. The Estate appealed.The California Court of Appeal, Second Appellate District, reversed the trial court’s order, holding that the First Interim Award was not final as it expressly reserved jurisdiction for further proceedings. The court directed the trial court to confirm the Final Award issued on September 30, 2022, which included the damages for pre-death pain and suffering. View "Ortiz v. Elmcrest Care Center, LLC" on Justia Law

Daniel McCurry and Carie Powell sued Dr. Inder Singh for malpractice, alleging he violated a duty of care by refusing to treat their mother, Carol McCurry, who died while awaiting transfer to another hospital. Carol was brought to Methodist Hospital with shortness of breath and was diagnosed with an aortic dissection and a possible heart attack. Dr. Michael Brandon, the treating emergency physician, consulted Dr. Singh, an on-call interventional cardiologist at Mercy General Hospital. Dr. Singh initially agreed that Carol needed acute catheterization but later decided she was not a candidate for the procedure. Consequently, Dr. Singh did not accept her transfer, and Carol died before she could be transferred to another facility.The Superior Court of Sacramento County granted summary judgment in favor of Dr. Singh, ruling that he did not owe a duty of care to Carol because no physician-patient relationship existed between them. The court found that Dr. Singh did not affirmatively treat or directly advise Carol, and thus, no legal duty was established.The Court of Appeal of the State of California, Third Appellate District, reviewed the case de novo and affirmed the lower court's decision. The appellate court held that a physician's duty of care arises only when a physician-patient relationship is established, which did not occur in this case. Dr. Singh's consultation with Dr. Brandon and his decision not to treat Carol did not create such a relationship. The court also declined to apply the reasoning from an Arizona case cited by the plaintiffs, emphasizing that under California law, the duty of care is contingent upon the existence of a physician-patient relationship. Therefore, the summary judgment in favor of Dr. Singh was affirmed. View "McCurry v. Singh" on Justia Law

In 2020, several residents at a skilled nursing facility died from coronavirus infections. Family members of the deceased sued the facility and its alleged alter egos, asserting claims including elder abuse, negligence, and wrongful death. The defendants moved to compel arbitration based on agreements signed by family members rather than the decedents. The trial court denied the motion, finding no evidence that the family members had authority to sign on behalf of the decedents, and that the agreements did not bind the family members in their individual capacities. For one agreement where a family member had power of attorney, the court exercised its discretion to deny arbitration to avoid conflicting results.The Shasta County Superior Court denied the motion to compel arbitration. It found that the defendants did not provide evidence that the family members had authority to sign the arbitration agreements on behalf of the decedents. Additionally, the court ruled that the agreements did not bind the family members in their individual capacities. For the agreement involving a power of attorney, the court denied arbitration to prevent conflicting rulings between court and arbitration proceedings.The California Court of Appeal, Third Appellate District, reviewed the case. It affirmed the lower court's decision, holding that the defendants failed to establish that the family members were authorized agents of the decedents. The court also found that the family members did not sign the agreements in their individual capacities, and thus were not bound by them. Furthermore, the court upheld the trial court's discretion to deny arbitration for the claim involving a power of attorney to avoid conflicting rulings. The order denying the motion to compel arbitration was affirmed. View "Hearden v. Windsor Redding Care Center" on Justia Law