Susan Reale v. Bay West Family Health Care, Sacha Niemi, M.D.
Published: Jan. 22, 2021 | Result Date: Dec. 16, 2020 | Filing Date: Oct. 20, 2015 |Case number: CGC-15-548532 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Steven J. Weinberg
(McCune Wright Arevalo, LLP)
Defendant
Robert T. Lynch
(Law Offices of Madden & Lynch PC)
Elisabeth A. Madden
(Law Offices of Madden & Lynch PC)
Frances B. Bruce
(Law Offices of Madden & Lynch PC)
Facts
Plaintiff Susan Reale filed suit against Defendants Bay West Family Health Care and Sacha Niemi, M.D., and asserted causes of action for medical malpractice based on the failure to properly diagnose and treat her kidney disease and hypertension.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants' failure to properly diagnose and treat Plaintiff's Stage 4 kidney disease and hypertension constituted medical malpractice. Plaintiff contended Defendants never informed nor diagnosed Plaintiff's kidney disease after observing her abnormal test results. Thus, Plaintiff contended, as a result of the negligence, Plaintiff's chronic kidney disease progressed more rapidly, which necessitated treatment interventions sooner than otherwise required.
DEFENDANTS' CONTENTIONS: Defendants denied Plaintiff's contentions and denied any wrongdoing. Defendant contended Plaintiff was previously diagnosed with stage 4 kidney disease. Defendants moved to have the case dismissed based on the applicable one-year statute of limitations that had already expired.
Result
Judgment was entered in favor of Defendants because the claim was barred by the statute of limitations since Plaintiff filed more than one year after the alleged incident.
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