Dougherty v. DanielFreemanMarinaHospital
Plaintiff sued defendants Richard Hoffner, M.D., an emergency room physician, and Daniel Freeman Hospital (hereinafter, the Hospital), alleging medical malpractice in failing to diagnose appendicitis, for which Dougherty was successfully treated at another hospital 10 days later. The trial court properly granted summary judgment against Dougherty because it correctly excluded the declarations of her medical expert witnesses for their failure to establish a proper foundation under Health and Safety Code section 1799.110. That statute specifies the requisite professional experience necessary for a physician to testify regarding a claim of negligence arising out of emergency room medical services.
The judgment is affirmed.
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