Case Number: BC647035 Hearing Date: May 31, 2018 Dept: 7

[TENTATIVE] ORDER RE:

SUMMARY JUDGMENT MOTIONS OF DEFENDANTS WEST HILLS HOSPITAL & MEDICAL CENTER AND CHARITA ELEBY, R.N.; MOTIONS GRANTED

On January 13, 2017, Plaintiffs Kerry Lynn Anderson (“Kerry”) and Jon Anderson (“Jon”) (collectively, “Plaintiffs”) filed this action against Defendants David Wu, M.D. (“Dr. Wu”), Crenshaw Pain Institute, LLC (“CPI”), West Hills Hospital & Medical Center (“West Hills”), Noosha Amiri-Davani, M.D. (“Dr. Amiri-Davani”), and Charita Eleby, R.N (“Eleby”) (collectively, “Defendants”), for medical negligence and loss of consortium.

Plaintiff alleges Defendants failed to recognize the signs and symptoms of a clot/contusion in Plaintiff’s arm and hand and that she was in extreme pain while she waited for Defendants to determine and administer proper treatment. Defendants West Hills and Eleby move for summary judgment on grounds the care and treatment rendered by hospital personnel, including Eleby, complied with the applicable nursing standard of care at all times and the rendering of orders for diagnostic testing, medications, medical procedures, and the patient’s discharge or transfer are solely within the purview of physicians.

Defendants submit the declaration of Deborah Smith, R.N. (“Smith”), who previously served as an emergency department staff nurse and emergency department manager, and currently emergency department supervisor at St. Mary Medical Center in Long Beach. (Declaration of Deborah Smith, R.N., ¶ 3.) Smith opines that based on her education, training, and experience, the non-physician hospital staff, including nurses, involved in the care and treatment of Plaintiff complied with the applicable standard of care at all times. (Smith Decl., ¶ 7.) Specifically, the nursing staff and hospital personnel appropriately assessed and addressed Plaintiff’s presenting complaints, updated physicians, and promptly carried out physician medical orders and diagnostic testing. (Smith Decl., ¶ 8.) Eleby’s care and treatment complied with the standard of care, as she carried out the physician’s orders in a timely manner, authored complete documentation in the medical chart regarding her frequent assessments of Plaintiff, and monitored Plaintiff appropriately. (Smith Decl., ¶ 9.)

Defendants have met their burden of showing their care and treatment complied with the standard of care. Plaintiff served Notices of Non-Opposition to these Motions for summary judgment by Eleby and West Hills.

In a medical malpractice action, “[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.3d 977, 984-85.) “Expert evidence is conclusive and cannot be disregarded.” (Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.)

As Plaintiff does not oppose the Motions for summary judgment by Eleby and West Hills, and provided no expert declaration contrary to that of Nurse Smith, Defendants are entitled to summary judgment.

The Motions for summary judgment by West Hills and Eleby are GRANTED.