Qassimyar v. Childrens Hospital San Diego
Fatema Qassimyar appeals from a judgment in favor of Nicholas Saenz, M.D., Henry Krous, M.D., Denise Malicki, M.D., Deborah Schiff, M.D., and William Roberts, M.D. on her lawsuit seeking damages assertedly sustained after she underwent surgery to remove an abdominal mass, resulting in the removal of four of her surrounding organs. The trial court had granted defendants' summary judgment motions, ruling in part that plaintiff did not present admissible evidence rebutting expert declarations stating that defendants' medical care and treatment complied with the applicable standard of care, or showing that her parents' surgical consents were not based on full disclosure. Plaintiff appeals, challenging the grant of summary judgment on grounds she raised conflicting evidence on her causes of action for negligence, breach of fiduciary duty and breach of contract. She further contends the court erred by sustaining demurrers to her causes of action for battery and fraud. Court affirm the judgment.
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