The opinion of the court was delivered by: Judge: Hon. Manuel L. Real
Brian H. Clausen # 161901 Steve H Shlens #188851 BERTLING & CLAUSEN L.L.P. 15 West Carrillo Street, Suite 100 Santa Barbara, California 93101 Telephone: (805) 892-2100 Facsimile: (805) 963-6044 Attorneys for Defendant JENNIFER HILL, M.D.
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW OF DEFENDANT JENNIFER HILL, M.D.
Date: March 21s, 2011 Time: 10:00 a.m.
Action Filed: March 3, 2009 Trial Date: July 26, 2011 Final Pre-Trial Conf.: June 20, 2011 Civil Judge: Hon. Manuel L. Real Magistrate Judge Charles F. Eick
After consideration of the papers in support of and in opposition to the Motion for Summary Judgment of Defendant JENNIFER HILL, M.D., and argument of counsel, the Court determines that the following facts have been established as:
UNCONTROVERTED FACTS 1. Defendant JENNIFER HILL, M.D., interpreted a radiology CT scan without contrast on Plaintiff PRATHEES MURUGESAPILLAI on March 4, 2008. [Declaration of Franklin Moser, M.D. ¶ 4.]
2. Dr. Hill interpreted the CT scan as showing evidence of subdural fluid and air overlying the right frontal lobe and a small amount of subdural tracing along the right para- falcine region anteriorly. There is localized sulcal effacement with mild midline shift of the septum pellucidum to the left measuring approximately three millimeters. The systems do remain patent. No intra cranial hemorrhage is seen. Given the concern for meningitis, Dr. Hill noted this was most likely infectious in etiology and correlation with a contrast enhanced MRI would be useful. Dr. Hill also noted paranasal sinus disease. [Declaration of Franklin Moser, M.D. ¶ 7.]
3. Following review of the CT scan, Dr. Hill made a call report to Dr. Leidner regarding the examination. [Declaration of Franklin Moser, M.D. ¶ 8.] 4. The care and treatment rendered by defendant Jennifer Hill, M.D., at all times complied with the standard of care in the care and treatment of PRATHEES MURUGESAPILLAI. [Declaration of Franklin Moser, M.D. ¶ 7-9.] Based upon the following uncontroverted facts, the Court now makes its:
1. The plaintiff cannot maintain a cause of action against defendant Jennifer Hill, M.D., for alleged medical negligence because the care provided by Dr. Hill complied with the standard of care.
2. Judgment shall be entered in favor of defendant Jennifer Hill, M.D.
Judge of the United States District Court
PROOF OF SERVICE CCP §§ 1011, 1013, 1013a, ...