In a contentious legal battle involving allegations of medical malpractice and wrongful death, the Court of Appeal of the State of California has affirmed the dismissal of claims against several healthcare providers. The complaint was filed by Hazel Alers and Alejandro Alers, Jr., in Los Angeles County on September 28, 2020, against Sara R. Kossuth and other associated defendants.
The case centers around the death of Alejandro Alers, Sr., who passed away at the age of 98 after receiving treatment at Olympia Medical Center and subsequent care facilities. According to the plaintiffs, Alers Sr. suffered from a heart attack and pneumonia in March 2019, leading to his hospitalization where they allege he experienced malpractice that contributed to his death. One focal point of their allegations involved Dr. Sara Kossuth, who ordered hand restraints for Alers Sr. after a painful catheter insertion procedure performed by nurses under another doctor's orders.
The plaintiffs claimed that Dr. Kossuth attempted to conceal the fact that the catheter had been improperly placed by attributing all pain to Alers Sr.'s actions in pulling out the catheter himself. Despite these assertions, the court found that Dr. Kossuth's involvement did not substantiate a claim for wrongful death or intentional misrepresentation.
Following his stabilization, Alers Sr. was transferred to Windsor Terrace Healthcare Center, affiliated with HealthCare Partners Medical Group. The plaintiffs accused HealthCare Partners of coercing them into transferring him there under false pretenses and then failing to provide promised home nursing care upon discharge, instead placing him in hospice care where he died within a week.
Procedurally, Hazel and Alejandro Jr., representing themselves without legal counsel (in propria persona), faced significant challenges in presenting their case effectively. Their initial complaint included numerous causes of action on behalf of Alers Sr.'s estate which were dismissed as they could not legally represent an estate without being licensed attorneys.
Subsequent attempts to amend their complaint were also unsuccessful. The court dismissed many claims due to procedural deficiencies and deemed certain admissions against them when they failed to respond adequately to discovery requests from HealthCare Partners.
Ultimately, summary judgment was granted in favor of HealthCare Partners based on these deemed admissions which established that no act or omission by HealthCare Partners caused Alers Sr.'s death. The court's decision was influenced by inadequate responses from Hazel and Alejandro Jr., including failure to present substantial evidence or comply with procedural requirements.
The appeals court upheld these decisions citing insufficient arguments from the plaintiffs regarding judicial bias or error in lower court rulings. They emphasized that proper legal representation is crucial in complex cases involving multiple defendants and intricate medical details.
Attorneys involved included Denise H. Greer for Dr. Kossuth; Brenda Ligorsky for HealthCare Partners; Paul D. Singer for Windsor Terrace Healthcare; with Judge Gary Y. Tanaka presiding over initial proceedings (Case ID: B322634).