DARYN HUBBARD; Plaintiff, vs. WILLIAM M. COSTIGAN M.D.; Defendant.
Case No.: BC665978
Hearing Date: January 29, 2018
[TENTATIVE] ORDER RE:
DEMURRER TO FIRST AMENDED COMPLAINT
BACKGROUND
On June 22, 2017, Plaintiff Daryan Hubbard (“Plaintiff”) filed a complaint against Defendant William M. Costigan, M.D. (“Defendant”), alleging causes of action for (1) professional negligence, and (2) battery/lack of informed consent.
Plaintiff alleges that on June 23, 2015, Defendant performed an anterior cervical discectomy and fusion (the “surgery”) and that Defendant used materials that Plaintiff did not consent to during the surgery.
On October 17, 2017, Defendant filed a demurrer to Plaintiff’s complaint. A hearing was held on the demurrer on November 15, 2017. The court sustained defendant demurrer as to the second cause of action for failure to state sufficient facts to support a claim of battery.
Plaintiff filed a first amended complaint (“FAC”) on November 29, 2017. Defendant filed a
Hearing Date
January 29, 2018
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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DARYN HUBBARD; Plaintiff, vs. WILLIAM M. COSTIGAN M.D.; Defendant.
Case No.: BC665978
Hearing Date: January 29, 2018
[TENTATIVE] ORDER RE:
DEMURRER TO FIRST AMENDED COMPLAINT
BACKGROUND
On June 22, 2017, Plaintiff Daryan Hubbard (“Plaintiff”) filed a complaint against Defendant William M. Costigan, M.D. (“Defendant”), alleging causes of action for (1) professional negligence, and (2) battery/lack of informed consent.
Plaintiff alleges that on June 23, 2015, Defendant performed an anterior cervical discectomy and fusion (the “surgery”) and that Defendant used materials that Plaintiff did not consent to during the surgery.
On October 17, 2017, Defendant filed a demurrer to Plaintiff’s complaint. A hearing was held on the demurrer on November 15, 2017. The court sustained defendant demurrer as to the second cause of action for failure to state sufficient facts to support a claim of battery.
Plaintiff filed a first amended complaint (“FAC”) on November 29, 2017. Defendant filed a