Case Name: Joseph Youkhanna v. Nathaniel Cohen, MD, et al.
Case No.: 17CV320151

Defendants Nathaniel Cohen, M.D. and Erica Fisk, M.D. (“Defendants”) filed their motion for summary judgment as to the complaint filed by Plaintiff Joseph Youkhanna (“Plaintiff”) on the single cause of action for medical malpractice. The motion was properly served and notice was sufficient and proper. Plaintiff did not oppose the motion.

After full consideration of the evidence, the separate statement and the authorities submitted by the Defendants, the Court makes the following rulings:

The Court finds that by the evidence presented in support of the motion Defendants met their initial burden to demonstrate there is no triable issue of material fact as to essential elements of Plaintiff’s claim, and entitlement to judgment on the complaint. In particular, Defendants provided expert testimony to the effect that the conduct of the Defendants did not fall below the standard of care, and that no act or commission of the Defendants caused any harm to Plaintiff. As Defendants note, expert testimony is required to prove medical malpractice. As Plaintiff did not file any opposition to the motion, Plaintiff has failed to meet his burden to show any triable issue of fact and in particular presented no expert evidence that is required to support his cause of action.

Accordingly, the motion for summary judgment as to Plaintiff’s single cause of action is GRANTED, and Defendants are entitled to judgment on Plaintiff’s complaint.

Defendants shall submit a proposed form of order after compliance with Rules of Court, Rule 3.1312. After Defendants have served notice of the signed order granting the motion, Defendants shall prepare a proposed judgment, and again comply with Rules of Court, Rule 3.1312.