The following blog entry is written from a defendant’s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a medical malpractice case present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
PLEASE TAKE NOTICE that defendant Universal Memorial Hospital of (hereinafter “UMH” ) will, and hereby does, move this court for an order that no substantial controversy or triable issue of material fact exists as to said defendant, and for entry of judgment in favor of said defendant and against plaintiffs.
This motion is made pursuant to Code of Civil Procedure section 437c of the on the ground that no triable issue of material fact exists as to UMH, in that said defendant breached no duty of care to plaintiff.
The motion will be based on this notice, the separate statement of undisputed facts filed concurrently herewith, the accompanying memorandum of points and authorities, the declaration of Sandy Singer, RN, Mary Black, Daniella Jones, the exhibits , and all pleadings, papers and other documents on file with this Court and, on such other evidence, oral or documentary, as may be presented at the hearing of this motion.
MEMORANDUM OF POINTS AND AUTHORITIES
STATEMENT OF THE CASE
This is a medical malpractice/wrongful death action arising out of allegations that plaintiffs’ decedents were negligently examined, diagnosed and/or treated while they were patients of Universal Memorial Hospital. Ms. White was pregnant with twins when she was admitted to Universal Memorial Hospital at 23 weeks, two days gestation for tocolysis due to premature labor.
The babies were delivered by cesarean section on March 7, 2005. Both babies were admitted to the NICU with a multitude of system problems. By the second day of birth, both infants went into shock from multi-system failure and expired.
Plaintiffs have filed suit against Cindy Brown, M.D., SAC Medical Group, and Universal Memorial Hospital. The complaint contains two causes of action for wrongful death, one for each of the two babies. Plaintiffs contentions against UMH are that the hospital was negligent in its hiring of nursing and support staff, negligent in its supervision of is nursing and support staff and was negligent in granting privileges to physicians. Plaintiffs also contend that UMH was negligent in its care and treatment of Tomas and Owen White and failed to carry our the orders necessary to diagnose the injuries and conditions which caused or contributed to the deaths of Tomas and Owen White. (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.