Place v. Bernstein
Plaintiff Eric Place sued defendant Clifford Bernstein, M.D., among others, for medical malpractice after developing tachycardia following a procedure known as accelerated opiate neuron-regulation (AONR) to detoxify from his chronic dependency on Oxycontin. Place contended that his electrocardiogram (ECG or EKG)[1] performed before the AONR procedure revealed potential abnormalities that showed a contraindication for the procedure. Dr. Bernstein brought a motion for summary judgment supported by an expert’s declaration stating that he met the applicable standard of care and did not cause Place’s transient cardiomyopathy. The trial court granted the motion after sustaining Dr. Bernstein’s foundational objections to the admission into evidence of the expert declarations Place submitted to oppose the motion. The trial court determined that Place’s expert was not qualified to render an opinion and granted summary judgment.
We conclude the trial court erred in excluding the expert declarations Place submitted based upon the principles recently articulated in Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747 and in Garrett v. Howmedica Osteonics Corp. (2013) 214 Cal.App.4th 173. We further conclude the expert’s declarations create triable issues of fact precluding summary judgment. We therefore reverse the judgment.
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