17 Costa v. Kroes
Plaintiff Sara Costa brought a negligence action against defendants Jeremy Kroes, M.D. and Los Alamitos Medical Center, Inc. (LAMC), arising from their care and treatment during an emergency room visit. The trial court granted defendants’ separate motions for summary judgment.
On appeal plaintiff argues the court improperly granted both motions. As to Kroes, her primary contention is the court erred in excluding the declaration of her medical expert on grounds he was unqualified to testify on the standard of care applicable to emergency room physicians under Health and Safety Code section 1799.110, subdivision (c). Plaintiff also makes several interrelated arguments concerning the applicability of section 1799.110 and the experts’ compliance or lack of compliance with its requirements. We conclude the court correctly excluded plaintiff’s expert declaration because he was not an emergency room physician and therefore, pursuant to section 1799.110, cannot offer testimony. H
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