Whiting

INTRODUCTION

This medical malpractice action arises from plaintiff Timothy Lewis Whiting 1 suffering from chest pains, which led to Dr. Ronald Himelman performing coronary

angiogram surgery on Whiting. Whiting appeals from judgment entered after the trial

court granted Dr. Himelman’s motion for summary judgment on the ground Whiting

failed to provide expert testimony refuting Dr. Himelman’s expert’s testimony regarding

causation and standard of care. Whiting contends expert medical testimony was not

required to prove his medical battery cause of action. He claims evidence of a lack of

informed consent was sufficient. Whiting also argues Dr. Himelman’s extrajudicial

admission provided the requisite expert testimony needed to prove medical malpractice.

We conclude Whiting has not established he is able to prove the necessary

elements of his medical battery and medical malpractice claims. Therefore the trial court

did not err in granting Dr. Himelman’s summary judgment motion. The judgment is

affirmed.

II

FACTS AND PROCEDURAL BACKGROUND

On November 12, 2009, at 2:00 a.m., Whiting went to the emergency room (ER)

at Desert Regional Medical Center (Medical Center).…