(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
The Plaintiffs, John Hernandez, in and through his Successor-in-interest and heir, Robert Hernandez, and Robert Hernandez, an individual, submits the following opposition to defendants Edward Green, M.D. and Mark Black, D.O.’s Motion in Limine No. 1 precluding plaintiffs’ retained standard of care expert, Peter Brown, M.D. from testifying that they committed elder abuse.
This is a Wrongful Death and Medical Malpractice action against Defendants Edward Green, M.D. (“Dr. Green”) and Mark Black, D.O. (“Dr. Black”) for failure to properly assess and medically treat the Decedent’s scrotal abscess.
On September 4, 2007, the Court granted Defendants Demurrer as to the Plaintiff’s Elder Abuse and Willful Misconduct causes of action against Dr. Green and Dr. Black.
Subsequent to the Court’s ruling on Defendant’s Demurrer, on March 14, 2008, Plaintiffs medical expert, Peter Brown, M.D., testified in his deposition that at least as to Dr. Black, based on Dr. Black’s conduct as to the care and treatment of the decedent, John Hernandez
(“Mr. Hernandez”), in his medical opinion, Dr. Black not only fell below the standard of care, but had committed elder abuse.
Based on Dr. Brown’s opinion, Plaintiff’s counsel sent a letter to defense counsel for Defendants, Dr. Green and Dr. Black, informing him of their intent to make a motion to amend at trial according to proof. Please see the correspondence sent to defense counsel, Patrick Mayer, dated March 24, 2008.
In light of Dr. Brown’s deposition and opinions, the Plaintiff respectfully request that the Trial Court deny Defendant’s Motion in Limine No. 1 to preseve Plaintiff’s right to make a motion for leave to amend to conform to proof at Trial. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.