Marina Emergency Medical Group v. Superior Court
Opinion
Opinion
Law Offices of Sean M. Burke and Sean M. Burke, Long Beach, for Real Party in Interest.
No appearance for Respondent.
MIRIAM A. VOGEL, J.
This is a tort action in which, allegedly, an emergency room doctor's negligence was aggravated by the subsequent negligence of the patient's personal physician. By the time of trial, the only parties were the patient (the plaintiff) and the emergency room doctor (the defendant). The patient claims (and the trial court agreed) that evidence of the personal physician's subsequent negligence is inadmissible. We hold that Proposition 51 and the rules of comparative indemnity compel a different result.
Stuart Charno's lacerated thumb was sutured by Brigeli Westerband, M.D., an employee of Marina Emergency Medical Group, which provided emergency medical services at Daniel Freeman Marina Hospital. Two days later, Charno consulted his personal physician, Norman Solomon, M.D. About a month later, Dr. Solomon referred Charno to Michael McGuire, M.D., a board certified hand surgeon. Dr. McGuire operated on Charno's thumb, and in the process discovered two severed nerves and a partially severed tendon.