San Antonio Regional Hospital will be cleared from a wrongful death case after the California Court of Appeal found on May 3 that the plaintiff’s expert witness, a nurse anesthesiologist, is not qualified to offer testimony.
The previously unpublished ruling was published May 28.
Joseph Musharbash sued the Upland hospital after his son Michael died while being treated for a traumatic brain injury.
Musharbash claimed that the hospital provided inadequate care by failing to properly evaluate and respond to his son’s injuries.
San Antonio Regional moved for summary judgment, based on the declarations of two doctors who believed that Michael had received adequate treatment. In opposition, Musharbash submitted an expert declaration by Rhona Wang, a certified registered nurse anesthetist. She had been employed at several hospitals since 2002, provided anesthesia to neuro trauma patients, and worked in intensive care units.
“Based on my education, training, and experience, and my review of the records in this case, to a reasonable degree of medical probability, there was a delay in the performance of the (external ventricular drain) and/or craniectomy, delays in contacting physicians regarding changes in (Michael’s) clinical status, and/or actions or inactions by healthcare providers at (the hospital) in implementing treatment modalities, which were a substantial factor in causing or contributing to (Michael’s) death,” she said in her declaration.
San Bernardino Superior Judge Jeffrey Erickson found that there were triable issues of facts between Wang’s declaration and the doctors’, and denied the motion for summary judgment.
The hospital appealed Erickson’s decision, arguing that Wang did not have the skill or experience to have a valid opinion in the case.
The Fourth District Court of Appeal, Division Two, agreed with the hospital.
Wang’s declaration had no facts indicating she could determine when surgical treatment is warranted, the opinion said.
“Of course, a nurse has some basis to opine on when and how a nurse should communicate with doctors regarding patient care. The perspective of the doctor, however, is required to opine as to the role such communications play in the doctor’s decision making process, both in general and in this case, and whether a decision to operate earlier likely would have led to a different outcome for Musharbash’s son,” the ruling said.
Since Musharbash could provide only Wang’s declaration, and that declaration is now found invalid, the Court of Appeal ordered the Superior Court to grant the motion for summary judgment in favor of the hospital.
Case information
Scott Dixler and Jason Siu of Horvitz & Levy and Jeffery Grass, and Evelin Duenas of Davis, Grass, Goldstein & Finlay represented San Antonio Regional Hospital.
Steven Calderwood of Calderwood Law Group represented Musharbash.
Associate Justice Michael Raphael wrote the majority opinion, which was joined by Justices Douglas Miller and Richard Fields.
Case No. CIVSB2217117
Appellate Case No. E082481
Read the ruling here
