TORTORELLA

Defendant and appellant Dan Joshua Castro, M.D. (Dr. Castro), appeals an order granting a motion for new trial obtained by plaintiff and respondent Marian Tortorella (Tortorella) in her medical malpractice action against him.

By way of background, Dr. Castro brought a motion for summary judgment, asserting the care he rendered to Tortorella was consistent with the standard of care, and that no negligent act or omission by him either caused, or was a substantial factor in causing, harm to Tortorella. In opposition thereto, Tortorella presented an expert declaration stating the preoperative evaluation by Dr. Castro fell below the accepted standard of care, and that the sinus surgery he performed on her was unnecessary.

The trial court granted summary judgment in favor of Dr. Castro on the ground Tortorella’s opposing papers failed to raise a triable issue with respect to the causation element of a cause of action for medical malpractice. Thereafter, the trial court granted Tortorella’s motion for new trial based on “the equities” and the policy favoring “resolutions [on] the merits.”

We conclude the trial court erred in granting summary judgment in favor of Dr. Castro.…