Korak v. Hu, 060220 AZAPP1, 1 CA-CV 19-0371

Docket Nº:1 CA-CV 19-0371
Opinion Judge:WILLIAMS, JUDGE
Party Name:REBEKAH ANN KORAK, et al., Plaintiffs/Appellants, v. STEPHEN HU, et al., Defendants/Appellees.
Attorney:Keith R. Lalliss Attorney at Law, Mesa By Keith R. Lalliss Counsel for Plaintiffs/Appellants Holden & Armer, P.C., Phoenix By Carolyn Armer Holden, Michael J. Ryan, Nathan S. Ryan Counsel for Defendant/Appellee Khan Jones, Skelton & Hochuli, P.L.C., Phoenix By Eileen Dennis GilBride Co-Counsel fo...
Judge Panel:Judge D. Steven Williams delivered the decision of the Court, in which Presiding Judge Michael J. Brown and Judge Kenton D. Jones joined.
Case Date:June 02, 2020
Court:Court of Appeals of Arizona
 
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REBEKAH ANN KORAK, et al., Plaintiffs/Appellants,

v.

STEPHEN HU, et al., Defendants/Appellees.

No. 1 CA-CV 19-0371

Court of Appeals of Arizona, First Division

June 2, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CV2015-090391 The Honorable Andrew J. Russell, Judge Pro Tempore

Keith R. Lalliss Attorney at Law, Mesa By Keith R. Lalliss Counsel for Plaintiffs/Appellants

Holden & Armer, P.C., Phoenix By Carolyn Armer Holden, Michael J. Ryan, Nathan S. Ryan Counsel for Defendant/Appellee Khan

Jones, Skelton & Hochuli, P.L.C., Phoenix By Eileen Dennis GilBride Co-Counsel for Defendant/Appellee Hu

Kent & Wittekind, P.C., Phoenix By Peter M. Wittekind, Cynthia Y. Patane Co-Counsel for Defendant/Appellee Hu

Judge D. Steven Williams delivered the decision of the Court, in which Presiding Judge Michael J. Brown and Judge Kenton D. Jones joined.

MEMORANDUM DECISION

WILLIAMS, JUDGE

¶1 Rebecca Ann Korak ("Korak") appeals the superior court's order granting summary judgment in favor of Dr. Sarah Khan ("Khan") and Dr. Stephen Hu ("Hu") on Korak's claim of medical malpractice. For the following reasons, we affirm the court's order.

FACTUAL AND PROCEDURAL HISTORY

¶2 In February 2013, Korak spent four days in the Arizona Regional Medical Center undergoing and recovering from a procedure to remove her gallbladder. Three days after being discharged, Korak was readmitted for complications from the procedure and subsequently transferred to Mountain Vista Medical Center ("Mountain Vista"). While at Mountain Vista, Korak underwent a CT scan on February 9th. Radiologist Khan read the CT scan, but failed to identify an abnormality, known as a pseudoaneurysm, that developed during the procedure days prior. On February 15th, another CT scan was performed. Radiologist Hu read this scan, but like Khan, failed to identify the pseudoaneurysm located on Korak's splenic artery, which had increased in size from February 9th.

¶3 On February 19th, Korak was discharged from Mountain Vista. The next day, because of continued complications, Korak returned to Mountain Vista where she underwent another CT scan. Radiologist Colvin ("Colvin") read the scan and identified the pseudoaneurysm for the first time. Colvin also reviewed the CT scans from February 9th and 15th, and, after observing the abnormality in both previous scans, noted that the pseudoaneurysm was increasing in size. The results were relayed to the attending physician, who discharged Korak the same day after deciding corrective action was not needed.1 The next day, the pseudoaneurysm ruptured. Korak was admitted to Banner Desert Medical Center, where she underwent surgery to remove her spleen.

¶4 Khan and Hu each moved for summary judgment, which the superior court granted. The court denied...

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