Underhill v. Long Beach Mem. Med.Center
Plaintiff and appellant Margherita Underhill (plaintiff) appeals from the summary judgment entered in favor of defendants and respondents Miller Childrens Hospital (MCH), Long Beach Memorial Medical Center (LBMMC), and Eliezer Nussbaum, M.D. (Dr. Nussbaum), (MCH, LBMMC and Dr. Nussbaum are referred to collectively as defendants) in plaintiffs wrongful death and survival action premised upon defendants allegedly negligent treatment and care of her son, Christian, a cystic fibrosis patient who died in February 2003. Plaintiff contends the trial court erred by excluding portions of an expert declaration submitted in opposition to the summary judgment motion, that triable issues of material fact exist as to whether defendants negligence caused Christians death, and that her survival action is not time barred.
Court affirm the judgment. The trial court did not abuse its discretion by excluding certain opinions expressed in a declaration by plaintiffs medical expert because those opinions lacked an adequate foundational basis. Plaintiff failed to present any triable issue of material fact as to whether defendants negligence proximately caused Christians death. The undisputed evidence showed that Christian had less than a 10 percent chance of surviving his last hospitalization, and that no medical intervention would have prevented him from succumbing to end stage cystic fibrosis, a fatal, noncurable disease.
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