Frierson v. Coast Gastroenterology etc. CA2/2

Filed 2/9/21 Frierson v. Coast Gastroenterology etc. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

MICHAEL G. FRIERSON, B299140

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. YC072800) v.

COAST GASTROENTEROLOGY A MEDICAL GROUP, INC., et. al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ramona G. See, Judge. Affirmed.

Ivie, McNeill & Wyatt, Byron Michael Purcell, Shant L. Vayvayan and Julio C. Navarro for Plaintiff and Appellant.

LaFollette, Johnson, De Haas, Fesler & Ames, Christopher P. Wend, Janee M. Tomlinson and David J. Ozeran for Defendants and Respondents. _________________________

Plaintiff and appellant Michael G. Frierson (appellant) claims that he developed rectal cancer because defendants and respondents Coast Gastroenterology A Medical Group, Inc. (Coast) and Steven Lerner, M.D. (collectively respondents) breached the standard of care by, inter alia, failing to follow up or advise appellant to follow up after a colonoscopy. The trial court granted respondents’ motion for summary judgment after concluding that there were no triable issues as to breach of the standard of care or causation. Appellant now appeals and argues that summary judgment was improper because there is a triable issue as to whether respondents breached the standard of care. We find no error and affirm. FACTS The complaint for medical malpractice alleged: Dr. Lerner, through Coast, performed a colonoscopy on appellant and found polyps and other evidence of polyposis syndrome. The syndrome has a near 100 percent chance of developing into cancer. Dr. Lerner did not inform appellant of either the diagnosis or prognosis. A year later, Dr. Lerner performed a second colonoscopy, found that some of appellant’s polyps had grown, and referred appellant to a specialist. Genetic testing confirmed that appellant had familial adenomatous polyposis. A different doctor performed a third colonoscopy and discovered Stage 3 rectal cancer. Appellant underwent various treatments, including surgery, chemotherapy, and radiation. The negligent failure of Dr. Lerner to initiate treatment, follow-up and/or refer appellant to a specialist after the diagnosis of polyposis syndrome caused appellant to suffer severe injury and pain. Coast is vicariously liable for the negligence of Dr. Lerner, and directly