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McCormick-Gordon v. Cedars-Sinai Medical Center RB

McCormick-Gordon v. Cedars-Sinai Medical Center RB

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A. Dr. Rifkin Had No Education, Training, Or Experience In<br />

Urology, Catheter Removal Or Infectious Diseases.<br />

"A person is qualified to testify as an expert ifhe has special<br />

knowledge, skill, experience, training, or education sufficient to qualify him<br />

as an expert on the subject to which his testimony relates." (Evid. Code,<br />

§ 720; Moore v. Belt (1949) 34 Ca1.2d 525, 532.)<br />

Dr. Rifkin had no specialized training or board certification in<br />

urology or infectious diseases. His only board certification was in general<br />

surgery. (CT 97:20-22.) So aside from whatever he may have learned at<br />

the University of Guadalaja, he had no education or specialized training in<br />

urological conditions, appropriate use of catheters, standards concerning<br />

placement and removal of catheters, or infectious diseases.<br />

Dr. Rifkin's work experience also diverged far from the fields of<br />

urology and infectious diseases. At the time ofhis declaration, he had been<br />

working in a hair restoration practice for the previous 12 years. (CT 109,<br />

111.) Before that, Dr. Rifkin spent a few years in private practice as a<br />

surgeon. (CT 111.) Plaintiffs presented no evidence that Dr. Rifkin had<br />

ever placed any catheters or done any urological examinations. There was<br />

also no evidence that any of Dr. Rifkin's work experience involved<br />

diagnosing or treating infectious diseases. Given this lack of relevant work<br />

experience, it is Hot surprising that plaintiffs didn't even bother to submit<br />

Dr. Rifkin's curriculum vitae, but instead relied solely on a generic, oneparagraph<br />

summary of his educational background. (CT 97:7-24.)<br />

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