The Motion (ROA # 38) of Defendant SCRIPPS CLINIC MEDICAL GROUP, INC. ("Defendant" or "SCRIPPS CLINIC") for an order granting summary judgment and for entry of summary judgment in their favor and against Plaintiff DAVID M. COATES ("Plaintiff"), is GRANTED.
This ruling completely disposes of this action and Defendant is entitled to a judgment in its favor.
The standard of care against which the acts of a health care provider is measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by their testimony, unless the conduct required by the particular circumstances is within the common knowledge of the layman. Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal. 4th 992, 1001. The "common knowledge" exception is principally limited to situations in which Plaintiff can invoke the doctrine of res ipsa loquitur, i.e., when a layperson is able to say as a matter of common knowledge and observatio
Hearing Date
November 22, 2017
Category
Civil - Unlimited
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The Motion (ROA # 38) of Defendant SCRIPPS CLINIC MEDICAL GROUP, INC. ("Defendant" or "SCRIPPS CLINIC") for an order granting summary judgment and for entry of summary judgment in their favor and against Plaintiff DAVID M. COATES ("Plaintiff"), is GRANTED.
This ruling completely disposes of this action and Defendant is entitled to a judgment in its favor.
The standard of care against which the acts of a health care provider is measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by their testimony, unless the conduct required by the particular circumstances is within the common knowledge of the layman. Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal. 4th 992, 1001. The "common knowledge" exception is principally limited to situations in which Plaintiff can invoke the doctrine of res ipsa loquitur, i.e., when a layperson is able to say as a matter of common knowledge and observatio