Dozier

Dozier v. Shapiro

Good Law
133 Cal. Rptr. 3d 142·199 Cal. App. 4th 1509·2011 Cal. App. LEXIS 1317
Court of Appeal of CaliforniaSeptember 27, 2011No. B224316California6,150 words

Opinion

Lead Opinion

Chaney, J.

*1512 Opinion

Plaintiff Robert Dozier appeals from a judgment in favor of defendants Michael R. Shapiro, M.D., and Michael R. Shapiro, M.D., Inc. (collectively Dr. Shapiro), in his action against them for medical malpractice. Plaintiff contends that the trial court committed reversible error by precluding his expert from testifying at trial that Dr. Shapiro’s treatment of Dozier fell below the standard of care, resulting in the dismissal of the action due to Dozier’s inability to prove the elements of his claim. We conclude that the trial court committed no prejudicial error.

Factual Background

In an April 2008 complaint, Dozier alleged that Dr. Shapiro and his clinic were guilty of professional negligence in their surgical treatment of Dozier’s left knee. 1 In July 2007, Dr. Shapiro had performed a “high tibial osteotomy of the left knee with internal fixation with plate and screws in the proximal tibia.” Dozier alleged that after the surgery he continued to experience pain and other symptoms, leading him to seek additional medical care that revealed mechanical complications associated with a screw Dr. Shapiro had implanted, leading eventually to a total left knee replacement…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.