Abawi vs Sharp Memorial Hospital

2. Plaintiff Heeran Abawi is the daughter and lawful heir of Ms. Abawi and brings the wrongful death cause of action in her individual capacity.

3. Defendant SHARP MEMORIAL HOSPITAL and DOES 1 through 20 were, at all relevant times, is a corporation organized and existing under the laws of the State of California, in San Diego County, with a principal place of business in San Diego.

4. Defendant DR. JAMES SINCLAIR is an individual, and natural person, who is above the age of eighteen and resides in San Diego County.

5. Defendant DR. MATTHEW PATRIK HEALY is an individual, and natural person, who is above the age of eighteen and resides in San Diego County.

6. Defendant DR. MORTEZA MIRKARIMI, is an individual, and natural person, who is above the age of eighteen and resides in San Diego County.

4. Plaintiffs are informed and believe and therefore allege that at all times relevant to this Complaint, defendants DOES 1-20 were licensed and unlicensed individuals and/or entities, rendering care and services to Ms. Abawi and whose conduct caused the injuries and damages alleged herein.

5. Plaintiffs are ignorant of the true names and capacities of those Defendants sued herein as DOES 1 through 20, and for that reason have sued such Defendant by such fictitious names. Plaintiffs will seek leave of Court to amend this Complaint to Identify said Defendants when their identities are ascertained.

6. DEFENDANTS were the knowing agents and/or alter egos of one another, and each of their officers, directors and managing agents directed, approved and/or ratified all of the act and omissions of each of the other, and their agents and employees thereby making each of them vicariously liable for the acts and omission of their co- defendants, their agents and employees, as is more fully alleged herein. Moreover, through their managing agents, the DEFENDANTS, and each of them, agreed, approved, authorized, ratified and/or conspired to commit all of the acts and omissions alleged herein.

7. DEFENDANTS, by their acts and omission as alleged, operate pursuant to an agreement, with a common purpose and community of interest, with an equal right of control, and subject to participation in profits and losses, such that they operated a joint enterprise or joint venture, subjecting each of them to liability for the acts and omission of each other.

8. PLAINITIFF presented to DEFENDANT SHARP MEMORIAL HOSPITAL (herein referred to as "SHARP MEMORIAL" on April 25, 2022 with complaints of chest pain that had started the day prior, along with shortness of breath. DEFENDANT DR. MATTHEW PATRICK HEALY (herein referred to as "DEFENDANT DR. HEALY") was the assigned emergency room doctor treating Ms. Abawi.

9. Defendants voluntarily and intentionally assumed responsibility for providing care and treatment to Ms. Abawi on April 25, 2022 . During her care and treatment, Ms. Abawi was sent for a CT Scan which showed she had "soft tissue nodules in the left anterior chest wall findings may represent recurrent breast cancer." The radiologist recommended a follow up ultrasound in the CT Scan note. Ms. Abawi was discharged the same day and was never told about the nodules found in her chest wall. DEFENDANT DR. HEALY discharged Ms. Abawi with instructions to follow up with her primary care physician or return if she worsens.

10. A few short days later, Ms. Abawi followed up with her primary care physician, DEFENDANT DR. MORTIZA MIRKARIMI (herein referred to as DEFENDANT DR. MIRKARIMI.) DEFENDANT DR. MIRKARIMI did not inform Ms. Abawi of the nodules found in her chest wall at the Emergency room, nor did he refer her for any additional treatment. Ms. Abawi continued on with her life without the knowledge of the cancer growing inside her chest wall. DEFENDANT DR. MIRKARIMI had access to the medical records, was cc'd on the records of Ms. Abawi, yet never reviewed them which was a breach of the standard of care. His negligence contributed to the lack of treatment and lead to her death.

11. In the following months Ms. Abawi was seeing an oncology/hematologist, DEFENDANT DR. JAMES SINCLAIR (for a separate condition) who also had access to Ms. Abawi's records and evaluated Ms. Abawi regularly. During this time, Ms. Abawi had spots on her chest that, unbeknownst to her, were a direct sign of the cancer growing in her chest wall. Over the following months, DEFENDANT JAMES SINCLAIR continually treated Ms. Abawi without addressing the spots on her chest or reviewing the records indicating she had cancer growing and progressing inside her chest wall.

12. In the months following Ms. Abawi's CT Scan in the emergency room, the Defendants, and all of them, had access to her records yet not one of them informed her of her condition or treated her.