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Medical Malpractice
Negligence
Wrongful Death

Michael A. Simon, Scott Simon v. St. Joseph Hospital of Orange, Johnson Y. Chiu, M.D., and Does 1 to 100, inclusive

Published: Nov. 5, 2016 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 30-2015-00799650-CU-MM-CJC Summary Judgment –  Defense

Court

Orange Superior


Attorneys

Plaintiff

David P. Crandall
(Law Offices of David P. Crandall)


Defendant

Wendy E. Coulston

Dennis K. Ames
(La Follette, Johnson, DeHaas, Fesler & Ames)

Kim S. Cruz


Facts

Plaintiffs Michael A. Simon and Scott Simon filed suit against St. Joseph Hospital of Orange and Johnson Y. Chiu, M.D., following the death of their mother, Eileen Simon.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants negligently cared for their mother by failing to adequately and properly assess and evaluate her condition and provide her reasonable and necessary care. Consequently, decedent became constipated, developed an impacted bowel, sepsis and other life threatening injuries that led to her death. Plaintiffs brought a complaint for professional negligence, medical malpractice, and wrongful death.

DEFENDANT'S CONTENTIONS:
Johnson Chiu, M.D. denied that he committed medical malpractice, contending that his care of the decedent complied with the applicable standard of care at all times and that he did not cause or contribute to her death.

Result

The court granted Chiu's motion for summary judgment, concluding that plaintiffs failed to provide causation and damages.

Other Information

FILING DATE: July 21, 2015.


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