Sacramento Woman Sues Hospital For Wrongful Death, Part 1 of 10

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)

Motion for Summary Judgment; Memorandum of Points and Authorities in Support

Defendant MEMORIAL MEDICAL CENTER, will move this Court for an Order granting summary judgment in their favor and dismissing, with prejudice, Plaintiffs’ Complaint on file herein.


This is a wrongful death/product liability/medical malpractice action against Memorial Medical Center and others in connection with the death of plaintiff’s decedent Kim Smith at University Hospital on January 19, 2009. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Ms. Smith underwent surgery by co-defendant, Dr. Phillip White at Memorial Medical Center in November 2008, for replacement of a pacemaker generator and defibrillator device (CRT-D). (Dr. White was not an employee of Memorial Medical Center.)

No complications were noted during the surgery. However, Dr. White was unable to place the coronary sinus lead wire during surgery. Subsequent to surgery, Ms. Smith suffered an infection (pseudomonas) relative to her CRT-D device. Ms. Smith was admitted to University Memorial Hospital on January 19, 2009, for explanation of the infected CRT-D device. Complications occurred during the surgery and Ms. Smith was pronounced dead at 1603 hours, on January 19, 2009. (See Part 2 of 10.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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