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Ninth Circuit affirms summary judgment in medical malpractice case

Moore v. USC University Hospital, Inc. (9th Cir. 2011) 416 Fed.Appx. 640, 2011 U.S. App. LEXIS 3860 (United States Court of Appeals for the Ninth Circuit) [unpublished]. The Ninth Circuit affirmed the district court’s entry of summary judgment in favor of GMSR’s client, USC University Hospital, Inc., in plaintiff’s medical malpractice lawsuit. The court held that plaintiff failed to raise a genuine issue of material fact regarding causation because the expert testimony she presented established, at best, a mere possibility rather than a probability that the hospital’s actions caused her injury. The Ninth Circuit also affirmed the district court’s refusal to continue the summary judgment motion, its denial of plaintiff’s successive motions for reconsideration, and its denial of plaintiff’s motion for Rule 11 sanctions.