Miranda
Miranda v. National Emergency Services, Inc.
Opinion
Opinion
Dibiaso, J.
In the published portion of this opinion we construe and apply Health and Safety Code section 1799.110, subdivision (c), which sets qualifications for medical experts in certain actions for medical malpractice arising out of treatment rendered in the emergency department of a general acute care hospital. We will ultimately reverse the judgment for the reasons expressed in the unpublished part of this opinion.
Statement of the Case
Plaintiff and appellant, Michael Miranda (appellant), filed a medical malpractice action in Kern County Superior Court, based on treatment he received for a laceration to his right ankle during three visits to the Kern Valley Hospital emergency room. He maintains that on all three occasions defendants and respondents, Edward Santoro, M.D., Kevin Chiasson, M.D., and Jennifer Steeper, M.D. (respondents), negligently failed to diagnose his severed Achilles tendon, thereby causing him physical, emotional, and financial injury.
On March 17, 1994, the trial court granted respondents’ in limine motion to bar plaintiff’s designated expert, Jerrold M. Sherman, M.D., from testifying about relevant standard of care issues. Respondents claimed that Dr.…