On June 02, 2021 a
Motion-Secondary
was filed
involving a dispute between
Raul Saldana And Eric Saldana,
and
Brett Clement, Do,
Dignity Health,
Dignity Health - St. Bernardine Medical Center,
Does 4 To100,
Omar Saleh, M.D.,
Saldana, Jason,
Saldana, Jessica,
Saldana, Kady,
Simpledeep Kaur Banipal,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
\-« \a
Randall Schiavone;SBN: 148021
Rschiavone@k sa-att y.com F g E D
ur crummw
3
KAMPF, SCHIAVONE & ASSOCIATES, A.P.C. mm O F“
,-.
moo“
p r, 3;
'1 r
m“” 3;;
M” W“
’k‘
x cl Y_ “${ng
Physical Address: ‘
290 North“D” 901
Street, Suite
Califo rnia 92401 q H7 3 gV ZLZZ
San Bernar dino,
Mailing address:
Post Office Box 1061 M,
,flwy
t
San Bemardino, California 92402-1061 ¥ (
"113,1,
"‘
L De: ut‘;
T} Iii LOCKMfiN
Telephone: 909.885.1522
QWNONCIIA
Facsimile: 909.384.0673
Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO - SAN BERNARDINO JUSTICE CENTER
10
11 RAUL SALDANA AND ERIC SALDANA, )
CASE NO. CIVSB 21 15525
)
12 Plaintiffs, ) OPPOSITION TO DEFENDANT
)
DIGNITY HEALTH dba
13 v. ST.BERNARDINE MEDICAL
g
CENTER’S NOTICE OF MOTION AND
14 DIGNITY HEALTH - BERNARDINE
ST. )
MOTION FOR SUMMARY
MEDICAL CENTER, KADY SALDANA, )
JUDGMENT/ADJUDICATION;
15 JASON SALDANA, JESSICA SALDANA, )
MEMORANDUM OF POINTS AND
AND DOES T0 100, INCLUSIVE,
1 )
AUTHORITIES IN SUPPORT
16 ) THEREOF; DECLARATION OF
Defendants. )
RANDALL S. SCHIAVONE;
17 )
DECLARATION OF MATTHEW
)
SINNER, RN
18 )
)
(Filed concurrently with Plaintiff’s Separat
e
19
Statement of Disputed and Undisputed Material
Facts in Opposition to Defendant Dignity Health-
20 Judgment/
St. Bernardine’s Motion for Summary
Adjudication; Declara tion of Randall S .
21
Schiavone, Esq.; Declaration 0f Matthew Sinner,
22 RN; Objection to Evidence in Opposition; Notice
of Lodging in Opposition; [Proposed] Order)
23
Date: October 18, 2022
24 Time: 8:30 a.m.
Dept: S-25
Action Filed: June 2, 2021
25
Trial Date: None
26
______ __ _— _]__ __ __ __ __ __ __
MEDIC AL
____ CENTER’S
TO DEFENDANT
OPPOSITION HEALTH BERNA RDINE
DIGNITY dba St.
27
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
28
ha MEMORANDUM 0F POINTS AND AUTHORITIES
I.
INTRODUCTION
g defendants, Dignity Health dba
St.
Plaintiffs, Raul Saldana and Eric Saldana are suin
Saleh, and Dr. Simpledeep Bani
pal for perforation 0f the
Bernardine Medical Center, Dr. Omar
KDOOQGU‘o-QWN
vein and failure t0 assess and treat
Debra Saldana’s condition.
iliac
d a
t’s negligence Debra Saldana sustaine
Plaintiffs contend that as a result of defendan
.
which resulted in hemorrhage and shock causing her death
perforated iliac vein
seeking Summary Judgment on the issues of standard of
Defendant Dignity Health is
Internist, Dr. William Klein, Dignity Health contends
care. Relying on the declaration of their
tal staff fell below the standard
of care. In his
plaintiffs cannot establish that the nurses or hospi
Mrs. Saldana was appropriately moni
tored by
ws: that
declaration Dr. Klein opined as follo (i)
0r
n, that when Mrs. Saldana became hypotensive
nurses throughout the hospital admissio (ii)
owed, and (iii)
were contacted, orders received and foll
unresponsive and desaturating physicians
Saldana noted changes in condition,
and complied with
nurses appropriately monitored Mrs. ,
orders given.
Defendant’s motion should be denied.
NNNNNNNNNr—AH—np—AHHH—ét—nr—A
on and are insufficient t0 make prima facie
Defendant’s expert opinions lack foundati
Plaintiffs are submitting a decl
aration from their
facts.
ooflmkhngNi—‘OKDOOVQU‘IAUJNHO
showing 0f non-existence 0f triable
the opinions of defendant’s expert.
The conflicting opinions
nursing expert categorically refuting
triable issues of material fact.
ofthe parties experts suffice to create
///
///
///
///
________—___2_—________
LTH dba BERNARDINE MEDICAL CENTER’S
OPPOSITION TO DEFENDANT DIGNITY HEA
St.
ION
MOTION FOR SUMMARY JUDGMENT/ADJUDICAT
Document Filed Date
September 30, 2022
Case Filing Date
June 02, 2021
Category
Medical Malpractice Unlimited
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\-« \a Randall Schiavone;SBN: 148021 Rschiavone@k sa-att y.com F g E D ur crummw 3 KAMPF, SCHIAVONE & ASSOCIATES, A.P.C. mm O F“ ,-. moo“ p r, 3; '1 r m“” 3;; M” W“ ’k‘ x cl Y_ “${ng Physical Address: ‘ 290 North“D” 901 Street, Suite Califo rnia 92401 q H7 3 gV ZLZZ San Bernar dino, Mailing address: Post Office Box 1061 M, ,flwy t San Bemardino, California 92402-1061 ¥ ( "113,1, "‘ L De: ut‘; T} Iii LOCKMfiN Telephone: 909.885.1522 QWNONCIIA Facsimile: 909.384.0673 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO - SAN BERNARDINO JUSTICE CENTER 10 11 RAUL SALDANA AND ERIC SALDANA, ) CASE NO. CIVSB 21 15525 ) 12 Plaintiffs, ) OPPOSITION TO DEFENDANT ) DIGNITY HEALTH dba 13 v. ST.BERNARDINE MEDICAL g CENTER’S NOTICE OF MOTION AND 14 DIGNITY HEALTH - BERNARDINE ST. ) MOTION FOR SUMMARY MEDICAL CENTER, KADY SALDANA, ) JUDGMENT/ADJUDICATION; 15 JASON SALDANA, JESSICA SALDANA, ) MEMORANDUM OF POINTS AND AND DOES T0 100, INCLUSIVE, 1 ) AUTHORITIES IN SUPPORT 16 ) THEREOF; DECLARATION OF Defendants. ) RANDALL S. SCHIAVONE; 17 ) DECLARATION OF MATTHEW ) SINNER, RN 18 ) ) (Filed concurrently with Plaintiff’s Separat e 19 Statement of Disputed and Undisputed Material Facts in Opposition to Defendant Dignity Health- 20 Judgment/ St. Bernardine’s Motion for Summary Adjudication; Declara tion of Randall S . 21 Schiavone, Esq.; Declaration 0f Matthew Sinner, 22 RN; Objection to Evidence in Opposition; Notice of Lodging in Opposition; [Proposed] Order) 23 Date: October 18, 2022 24 Time: 8:30 a.m. Dept: S-25 Action Filed: June 2, 2021 25 Trial Date: None 26 ______ __ _— _]__ __ __ __ __ __ __ MEDIC AL ____ CENTER’S TO DEFENDANT OPPOSITION HEALTH BERNA RDINE DIGNITY dba St. 27 MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 28 ha MEMORANDUM 0F POINTS AND AUTHORITIES I. INTRODUCTION g defendants, Dignity Health dba St. Plaintiffs, Raul Saldana and Eric Saldana are suin Saleh, and Dr. Simpledeep Bani pal for perforation 0f the Bernardine Medical Center, Dr. Omar KDOOQGU‘o-QWN vein and failure t0 assess and treat Debra Saldana’s condition. iliac d a t’s negligence Debra Saldana sustaine Plaintiffs contend that as a result of defendan . which resulted in hemorrhage and shock causing her death perforated iliac vein seeking Summary Judgment on the issues of standard of Defendant Dignity Health is Internist, Dr. William Klein, Dignity Health contends care. Relying on the declaration of their tal staff fell below the standard of care. In his plaintiffs cannot establish that the nurses or hospi Mrs. Saldana was appropriately moni tored by ws: that declaration Dr. Klein opined as follo (i) 0r n, that when Mrs. Saldana became hypotensive nurses throughout the hospital admissio (ii) owed, and (iii) were contacted, orders received and foll unresponsive and desaturating physicians Saldana noted changes in condition, and complied with nurses appropriately monitored Mrs. , orders given. Defendant’s motion should be denied. NNNNNNNNNr—AH—np—AHHH—ét—nr—A on and are insufficient t0 make prima facie Defendant’s expert opinions lack foundati Plaintiffs are submitting a decl aration from their facts. ooflmkhngNi—‘OKDOOVQU‘IAUJNHO showing 0f non-existence 0f triable the opinions of defendant’s expert. The conflicting opinions nursing expert categorically refuting triable issues of material fact. ofthe parties experts suffice to create /// /// /// /// ________—___2_—________ LTH dba BERNARDINE MEDICAL CENTER’S OPPOSITION TO DEFENDANT DIGNITY HEA St. ION MOTION FOR SUMMARY JUDGMENT/ADJUDICAT