McCormick-Gordon v. Cedars-Sinai Medical Center RB

surgery or trauma" (AGB 7)-outside ofthis arena, Dr. Rifkin was
unqualified.
Mann v. Cracchiolo (1985) 38 Ca1.3d 18 (cited at AGB 5) does not
require a different result.
There the plaintiffs decedent, while receiving
foot X-rays in preparation for surgery, fell and broke her neck and
eventually died. (ld. at p. 31.) The plaintiff proffered an expert
neurosurgeon who opined that the defendants, particularly the radiologists,
failed to discover the neck fracture and order the correct X-rays after her
fall. (ld. at pp. 34-35.) The trial court found the expert not qualified, but
the Supreme COUl1 reversed. It noted that since the expert "regularly read
X-rays and radiologists' reports," he was familiar with the standard of care
for reading those reports. (ld. at p. 38.) Dr. Rifkin's experience was not
remotely comparable. The expert in Mann learned from practical
experience what he lacked in formal education or training. But Dr. Rifkin
had nothing to offer-no urology or infectious disease education, no
training, and no practical experience.
Chadock v. Cohn (1979) 96 Cal.App.3d 205, the only other decision
plaintiffs cite on this subject (AGB 7), is no closer to the mark. There, the
plaintiff sued a doctor for negligently perforrning foot surgery, The
plaintiff lost when the trial court found that her expert was not qualified
because he was a podiatrist, not a physician. (96 Cal.App.3d at p. 207.)
The cOUl1 of appeal reversed, ruling that the podiatrist had specialized
education about foot injuries, had performed many foot surgeries including
the particular procedure at issue, and was familiar with the standard of care
for foot surgery.
(ld. at pp. 209-215.) Again, Dr. Rifkin had none of those
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