Tam

INTRODUCTION

In this medical malpractice action arising out of the death of her father, plaintiff Mei Tam (Tam) appeals from the judgment entered after the trial court granted a motion by defendant Garfield Medical Center, Inc. (Garfield) for summary judgment. Tam contends that Garfield did not meet its initial burden on summary judgment because, although Garfield addressed the primary theory of liability alleged in the complaint, Garfield’s motion did not attack Tam’s alternative theory of liability. We agree with Garfield that because Tam’s complaint did not allege or reasonably contemplate this alternative theory of liability, Garfield did not have the burden of addressing this theory in its motion. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Allegations in the Complaint Hung Sun Tam (Mr. Tam) was in a car accident and suffered injuries to his abdomen and shoulder. The emergency room physicians who treated him for his injuries at Garfield diagnosed him with peritonitis, hypotension, and fluid in the abdomen. Prior to emergency surgery he was stable, alert, and able to communicate with his daughter, Tam. While under the care of Dr. Jimmy Yue and…