Eligio Guerra (deceased) by and through his adult children, heirs, Elias Guerra, Eligio Guerra Jr., Ruben A. Guerra, Sandra Guerra, Paul Guerra, Tina Guerra, Elias Guerra, individually, Eligio Guerra Jr., individually, Ruben A. Guerra, individually, Sandra Guerra, individually, Paul Guerra, individually, Tina Guerra, individually v. Beverly Communi
Published: Jul. 16, 2016 | Result Date: Jun. 8, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC559717 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Christian J. Amendt
(Law Office of Christian J. Amendt)
Defendant
Daniel W. Doyle
(Doyle Schafer McMahon)
Arshia Mardasi
(Doyle Schafer & McMahon LLP)
Facts
Elias Guerra, Eligio Guerra Jr., Ruben Guerra, Sandra Guerra, Paul Guerra, and Tina Guerra, sued the Beverly Community Hospital Association, Mohammad Chaudry M.D., and Atef Yacoub M.D., in connection with the death of plaintiffs' father.
Contentions
PLAINTIFFS' CONTENTIONS:
Defendant allegedly underwent a prostate procedure on Oct. 7, 2013, at defendant hospital and was allegedly under the care of defendant doctors. The surgery was allegedly uneventful, but the decedent became unresponsive that night and went into code blue. As a result, he was placed in the Intensive Care Unit where he remained until he passed away on Oct. 20. Plaintiffs claimed that defendants' negligence caused the decedent's death. Plaintiffs claimed wrongful death.
DEFENDANTS' CONTENTIONS:
Defendant hospital denied the allegations and asserted various affirmative defenses. Additionally, it moved for summary judgment. Defendants maintained that all care rendered were within the standard of care. The hospital also denied any agency relationship with defendant doctors and so denied any liability for their allegedly wrongful conduct.
Result
The trial court granted the hospital's unopposed motion for summary judgment.
Other Information
FILING DATE: Oct. 6, 2014.
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