Defendant Thaiyananthan’s motion for summary judgment is GRANTED.
Defendant Thaiyananthan moves for summary judgment pursuant to CCP 437c on the grounds that: 1) Defendant complied with the standard of care; and 2) Plaintiff’s complaint is barred by the statute of limitations per CCP 340.5.
A defendant moving for summary judgment has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established. (CCP 437c(p)(2).) As shown below, the motion is denied as to the Standard of Care argument but granted for failure to comply with the statue of limitations.
Medical Standard of Care
The duty owed by a medical provider is established by the standard of care followed by other medical providers in the same or similar community. “Expert evidence in a medical malpractice suit is conclusive as to the proof of the prevailing skill and learning in the locality and of the propriety of the particular co
Hearing Date
October 18, 2018
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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Defendant Thaiyananthan’s motion for summary judgment is GRANTED.
Defendant Thaiyananthan moves for summary judgment pursuant to CCP 437c on the grounds that: 1) Defendant complied with the standard of care; and 2) Plaintiff’s complaint is barred by the statute of limitations per CCP 340.5.
A defendant moving for summary judgment has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established. (CCP 437c(p)(2).) As shown below, the motion is denied as to the Standard of Care argument but granted for failure to comply with the statue of limitations.
Medical Standard of Care
The duty owed by a medical provider is established by the standard of care followed by other medical providers in the same or similar community. “Expert evidence in a medical malpractice suit is conclusive as to the proof of the prevailing skill and learning in the locality and of the propriety of the particular co