Plaintiff Fails to Rebut Defendant’s Medical Expert: Normally, the question of whether a medical professional’s care and treatment of a patient fell within the standard of care or caused the plaintiff’s injuries is a matter that can only be established through expert testimony. California courts have incorporated the expert evidence requirement into their standard for summary judgment in medical malpractice cases. 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.
In a California medical malpractice case pending in the Superior Court, the defendant moved for summary judgment or adjudication of the plaintiffs’ negligence/wrongful death claim on the ground that its employee Dr. James Kuo did not breach the standard of care. The defendant presented the declaration of its expert, Dr. Gary Steinke, who opined that Dr. Kuo’s care and treatment of the plaintiffs’ decedent did not fall below the standard of care. Since Dr. Kuo did not breach the standard of care, the defendant contended that the plaintiffs cannot prevail on their negligence and wrongful death claims.
In granting the defendant’s motion for summary judgment, the Superior Court stated: “To the extent that plaintiffs seek to rebut Dr. Kuo’s opinions by claiming that decedent’s hemoglobin and hematocrit levels were falling and that she needed an immediate blood transfusion, a GI consult, and an endoscopy to diagnose the source of her bleeding, plaintiffs’ counsel appears to be improperly attempting to use his own opinions to create a triable issue of material fact with regard to whether Dr. Kuo breached the standard of care. Plaintiffs’ counsel is an attorney, not a medical doctor. He is a layperson with regard to medical issues. Therefore, he is not qualified to analyze decedent’s medical records and render an expert opinion with regard to whether Dr. Kuo was negligent in his care and treatment of decedent. His statements in the opposition regarding the proper diagnosis and treatment of decedent are nothing more than improper lay opinions that are insufficient to raise triable issues of material fact with regard to whether Dr. Kuo breached the standard of care. Consequently, since plaintiffs have not provided a declaration from their own expert who is qualified in the relevant area of medicine, they have not raised a triable issue of material fact with regard to their negligence and wrongful death claims. As a result, the court grants summary judgment in favor of defendant as to the entire complaint.”
Miller v. Kaweah Delta Healthcare, Inc., Superior Court Case No. 19CECG02595.
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