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Medical Malpractice
Negligence
Negligent Hiring

Nelly Eras v. Tinny Dinh, M.D., Lugene Eye Institute, and Does 1 to 10

Published: Oct. 22, 2016 | Result Date: Sep. 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC555747 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard J. Sullivan
(Law Offices of Richard J. Sullivan)


Defendant

Daniel K. Dik
(Fraser Watson & Crouch LLP)

John Aitelli
(Packer, O'Leary & Corson)


Facts

Nelly Eras sued Tinny Dinh M.D. and the Lugene Eye Institute, involving allegations of medical negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff presented to defendants in August 2011 to correct an eye condition in her left eye. Defendants allegedly removed a pterygium, which caused her to lose her sight on her left eye. Also as a consequence, plaintiff was left with a permanent droopy left eye. Plaintiff alleged causes of action for medical negligence and negligent hiring.

DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations and maintaining that all treatment rendered was within the standard of care.

Result

The court sustained the demurrer in favor of the defense.

Other Information

FILING DATE: Aug. 22, 2014.


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