San Antonio Regional Hospital v. Super. Ct.

I. BACKGROUND

Real party in interest Joseph Musharbash sued petitioner San Antonio Regional

Hospital, among others, after his adult son Michael died while being treated for a

traumatic brain injury at the hospital. Michael was treated first in the hospital’s

emergency room and then in the intensive care unit. His treatment included several

surgeries attempting to relieve intercranial pressure; first, an “external ventricular drain,”

and later a craniectomy. Musharbash’s complaint alleges the hospital provided

inadequate care by failing to properly evaluate Michael’s injuries and “undertake

appropriate courses of action.” In interrogatories, Musharbash stated the hospital was

liable for Michael’s death because “surgical intervention” was only belatedly performed,

and because nursing staff failed to adequately monitor Michael, inform his doctors of his

status, and advocate for the need for earlier surgical intervention. In briefing after our

order to show cause, Musharbash specifies it is now “undisputed that the care and

treatment of decedent in the Emergency Department at [the hospital] adhered to the

2 standard of care,” and that his claim focuses on treatment…