Melchor v. Children's Hosp. &
Research Ctr. Oakland
Filed 11/4/10
Melchor v. Children's Hosp. & Research Ctr. Oakland CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE
DISTRICT
DIVISION FIVE
JOSE MELCHOR, a Minor, etc.,
et al.,
Plaintiffs and
Appellants, A126791
v. (
Super.
Ct.
CHILDREN'S HOSPITAL & RESEARCH
CENTER OAKLAND
Defendant and
Respondent.
________________________________________/
Jose and
Natalie Melchor (collectively, plaintiffs), by and through their guardians ad
litem, sued various defendants, including Children's Hospital & Research
Center Oakland (CHO or the hospital) for professional
negligence. The operative first
amended complaint alleged the negligent examination, diagnosis, and treatment
provided by CHO and its nonemployee physicians, including Dr. Heidi Flori,
caused plaintiffs to contract herpes type II meningoencephalitis and to develop
cerebral palsy.[1]
In March
2009, CHO filed two motions for summary
judgment -- one against Jose and another against Natalie -- contending
plaintiffs could not establish the hospital breached the standard of care with
respect to the treatment and care plaintiffs received. CHO supported its motion for summary judgment
against Jose with a declaration from Dr. Scott J. Soifer, who opined the treatment
and care provided by CHO and Dr. Flori met the standard of care. CHO supported its motion for summary judgment
against Natalie with a similar declaration from another doctor. The court granted both motions and entered
judgment for CHO.[2]
On appeal,
plaintiffs contend the court erred by granting CHO's motion for summary
judgment against Jose because: (1) Dr. Soifer's declaration was inadmissible
pursuant to Health and Safety Code section 1799.110, subdivision (c);[3] (2) the court â€
| Description | Jose and Natalie Melchor (collectively, plaintiffs), by and through their guardians ad litem, sued various defendants, including Children's Hospital & Research Center Oakland (CHO or the hospital) for professional negligence. The operative first amended complaint alleged the negligent examination, diagnosis, and treatment provided by CHO and its nonemployee physicians, including Dr. Heidi Flori, caused plaintiffs to contract herpes type II meningoencephalitis and to develop cerebral palsy.[1] In March 2009, CHO filed two motions for summary judgment -- one against Jose and another against Natalie -- contending plaintiffs could not establish the hospital breached the standard of care with respect to the treatment and care plaintiffs received. CHO supported its motion for summary judgment against Jose with a declaration from Dr. Scott J. Soifer, who opined the treatment and care provided by CHO and Dr. Flori met the standard of care. CHO supported its motion for summary judgment against Natalie with a similar declaration from another doctor. The court granted both motions and entered judgment for CHO. |
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