Cheung v. Ker
Plaintiff Tin Fu Cheung appeals from the granting of summary judgments in favor of defendants Dr. Timothy Ker and Alhambra Hospital Medical Center (AHMC). Cheung sued Ker and AHMC for medical negligence and battery, alleging that defendants removed his right colon unnecessarily and without his informed consent. The trial court concluded that Ker provided undisputed expert evidence that he did not cause or contribute to plaintiffs injuries, and that Cheung failed to establish the existence of a triable issue of material fact regarding causation. We conclude that Ker did not adequately refute the causation element for purposes of summary judgment, and further that triable issues of material fact exist regarding whether Ker breached his duty of care, such that summary judgment should not have been granted. Court therefore reverse the judgment in favor of Ker.
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