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 Jeffrey Mora, M.D.2 Plaintiffs appeal from a judgment entered after summary judgment in Mora’s favor. Approximately six weeks after Dee Ann underwent a craniotomy, she began experiencing neurological symptoms including seizures. She was treated by Mora, a neurologist, as well as several other physicians at a local hospital. Eventually, Dee Ann was transferred to USC Keck Medical Center. There, doctors discovered an infection. Plaintiffs contend Mora, among others, negligently failed to diagnose and treat the infection. Mora moved for summary judgment and supported his motion with a declaration by an expert neurologist who opined that Mora’s treatment met the standard of care and did not cause or contribute to the infection. Plaintiffs opposed the motion and supported it with a declaration by a general surgeon, Dr. Leslie Rand-Luby. Mora moved to depose Dr. Rand-Luby concerning the foundation for her stated opinions and the court granted the motion. An extended…