Mousavi v. Community Memorial Health System CA2/6

Filed 9/16/15 Mousavi v. Community Memorial Health System CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

MORVARID MARY MOUSAVI, 2d Civil No. B255498 (Super. Ct. No. 56-2012-00418964-CU- Plaintiff and Appellant, MM-VTA) (Ventura County) v.

COMMUNITY MEMORIAL HEALTH SYSTEM,

Defendant and Respondent.

Morvarid Mary Mousavi sued Community Memorial Health System, dba Community Memorial Hospital (CMH) and others for injuries she purportedly sustained during and after a surgical procedure. CMH successfully demurred to all but the medical malpractice claim and moved for summary judgment. It submitted expert evidence that its treatment was within the applicable standard of care and did not cause Mousavi's claimed injuries. Mousavi offered no admissible expert evidence in response. Concluding she had failed to raise a triable issue of material fact, the trial court granted summary judgment. We affirm. FACTUAL AND PROCEDURAL HISTORY Mousavi consulted with Dr. Terry Cole, a board-certified specialist in obstetrics and gynecology. He determined Mousavi suffered from uterine fibroids, ovarian cysts and excessive menstrual bleeding. Her past surgical history included

multiple caesarean sections, an ectopic pregnancy, bowel resection and abdominoplasty (tummy tuck). Mousavi elected to have Dr. Cole perform a total abdominal hysterectomy and right ovary removal. He made the initial incision to open the abdomen, but was unable to identify the pelvic structures due to extensive adhesions and scar tissue from Mousavi's past surgeries. Because he could not safely remove the uterus and ovary at that point, Dr. Cole requested Dr. James D. Woodburn's assistance. Dr. Woodburn performed extensive lysis of the adhesions and scar tissue to expose the pelvic structure. Once this process was completed, Dr. Cole removed the uterus and ovary. Dr. Woodburn closed the surgical wound without any reported complications. While recovering in the post-anesthesia surgical care unit, Mousavi began yelling, acting out and complaining of intense pain. She repeatedly got out of bed unassisted so that she could leave the floor to smoke. Following an argument with her husband, Mousavi was found in a fetal position on the floor. She continued to yell at the nurses and staff members. A CMH social worker was called in to assist her. Notwithstanding her behavior, the nurses and support staff managed to monitor Mousavi's vital signs and to follow all doctors' orders, including pain medication administration. Two days after admission, Mousavi discharged herself against medical advice. She returned to CMH that same evening and was seen by Dr. Alex Kowblansky in the emergency department. The on-call gynecologist, Dr. Michael Green, re-admitted her for pain complaints. She continued to yell and act out, causing Dr. Green to order a psychiatric consult. A few hours later, before she could be fully evaluated, Mousavi again discharged herself against medical advice. She took a taxi to another hospital, where she was diagnosed with a distal right ureter injury. She underwent a successful ureter re-implantation the next day. Mousavi filed a first amended complaint against CMH, Dr. Woodburn, Dr. Green, Dr. Kowblansky and several other defendants alleging (1) aggravated assault, (2) assault and battery of a high and aggravated nature, (3) false imprisonment, (4) fraud, (5) breach of duty, (6) gross negligence, (7) negligent and intentional infliction of emotional