Sally Pinckley v. Dr. Francisco Gallegos

Appeal is taken from a summary judgment granted in favor of Dr. Francisco Gallegos, defendant below. Appellant filed a medical malpractice suit against Dr. Gallegos alleging that the doctor failed to exercise the appropriate standard of care and thereby failed to prevent certain post-operative complications causing injuries to appellant. Dr. Gallegos filed his motion for summary judgment on September 17, 1986, alleging that as a matter of law appellants injury was not caused by any breach of duty by Dr. Gallegos. In support of his motion for summary judgment, Dr. Gallegos included two affidavits from physicians in the community and copies of two disclosure and consent forms executed by appellant before surgery which warned of the possibility of the complication appellant ultimately developed. The affidavits disclose that both physicians studied the medical records and concluded in detail that appellants injury was a common complication of the type of surgery she underwent. Moreover, the affidavits state that Dr. Gallegos treatment met the standard of care in the community, and that appellant was informed of the nature of the surgery in accordance with the community standards.