Abelar

INTRODUCTION

This is a medical malpractice and loss of consortium action brought by plaintiffs and appellants Dee Ann Abelar and her husband Brian Abelar (plaintiffs)1 against, as pertinent here, defendant and respondent Joung H. Lee, M.D.2 Plaintiffs appeal from a judgment entered after summary judgment in Lee’s favor. Lee is a neurosurgeon who performed a craniotomy on Dee Ann in early October 2015. Approximately six weeks after the surgery, Dee Ann began experiencing neurological symptoms including seizures, and was treated by Lee as well as several other physicians at a local hospital. Eventually, in mid- December 2015, Dee Ann was admitted to USC Keck Medical Center. There, doctors discovered an infection. Plaintiffs contend Lee, among others, negligently failed to diagnose and treat the infection. Lee moved for summary judgment and supported his motion with a declaration by an expert neurosurgeon who opined that Lee’s treatment met the standard of care and did not cause or contribute to the infection. Plaintiffs did not oppose the motion. The court granted the motion for summary judgment because Lee met his initial burden to demonstrate that plaintiffs would be unable to…