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McCormick-Gordon v. Cedars-Sinai Medical Center RB

McCormick-Gordon v. Cedars-Sinai Medical Center RB

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TABLE OF CONTENTS<br />

Page<br />

INTRODUCTION<br />

STATE:MENT OF FACTS<br />

1<br />

3<br />

A.<br />

B.<br />

<strong>Gordon</strong>'s History OfMultiple, Severe Health Problems<br />

Leading Up To His Death.<br />

Trial Court Proceedings.<br />

3<br />

4<br />

I.<br />

2.<br />

<strong>Cedars</strong>-<strong>Sinai</strong>'s summary judgment motion: The<br />

catheter fragment did not cause <strong>Gordon</strong>'s death and<br />

<strong>Cedars</strong>-<strong>Sinai</strong> did not breach the standard ofcare.<br />

Plaintiffs' opposition.<br />

4<br />

5<br />

a.<br />

b.<br />

Evidence regarding Dr. Rifkin's<br />

qualifications.<br />

Evidence regarding <strong>Cedars</strong>-<strong>Sinai</strong>'s liability.<br />

5<br />

6<br />

STANDARD OF REVIEW<br />

ARGU:MENT<br />

The trial court rules that Dr. Rifkin is not qualified<br />

and has no reasonable basis for his conclusions.<br />

7<br />

7<br />

10<br />

I. THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN<br />

RULING THAT DR. RIFKIN WAS NOT QUALIFIED. 10<br />

A.<br />

B.<br />

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

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

Dr. Rifkin's General <strong>Medical</strong> Knowledge And Unrelated<br />

Work Experience Were Not Sufficient To Establish His<br />

Qualification To Opine On The Specialized Issues Present<br />

Here.<br />

11<br />

13<br />

1

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