Case Number: BC515683    Hearing Date: August 01, 2014    Dept: 97

Superior Court of California
County of Los Angeles
Department 97

MAUREEN ANNETTE HAMILTON,
Plaintiff,
v.

CEDARS-SINAR MEDICAL CENTER, et al.,

Defendants.
Case No.: BC 515683

Hearing Date: August 1, 2014

[TENTATIVE] ORDER RE:
DEFENDANT CEDARS-SINAI MEDICAL CENTER’S MOTION FOR SUMMARY JUDGMENT

Defendant’s unopposed motion is granted for all the reasons stated in the moving papers. Defendant has presented evidence demonstrating that the nursing and hospital staff appropriately treated and cared for Plaintiff during the July, 2012 surgery and during the subsequent hospitalizations, that there is nothing in the records that reflect any evidence that the nurses or hospital personnel did not follow the physician treatment plans or order, and that the nursing and hospital staff met the applicable standard of care as it pertains to the treatment of Plaintiff during her multiple hospitalizations from July, 2012 through December, 2012. FACTS 1-51. Defendant also presents evidence that within a reasonable degree of medical probability, there is no action or inaction by the nursing staff or hospital personnel at Cedars-Sinai Medical Center that caused or contributed to Plaintiff’s complications or injuries. FACT 52. These facts are supported by the declaration of Gene Parks, M.D. This evidence is sufficient to shift the burden to Plaintiff to demonstrate the existence of triable issues. Since Plaintiff has not opposed this motion, Defendant is entitled to summary adjudication of Plaintiff’s first cause of action for Medical Malpractice.
Defendant also presents evidence demonstrating that it is entitled to summary adjudication as to Plaintiff’s second cause of action for Medical Malpractice on an agency theory. FACTS 1 and 2 of Issue 2. Declaration of O’Shea; Exhibit B and F to motion. This evidence is sufficient to shift the burden to Plaintiff. As Plaintiff has not opposed this motion, no triable issue of material fact exists as to this issue.
For all the reasons discussed above, summary judgment is granted in favor of Defendant Cedars-Sinai Medical Center and against Plaintiff. Defendant is ordered to lodge with the Court and serve on Plaintiff a proposed judgment, and to provide notice of this order within twenty days.