(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.)
MOTION FOR LEAVE TO AMEND TO CONFORM TO PROOF MAY BE MADE AT ANY TIME DURING TRIAL.
A motion for leave to amend to conform to proof may be made at any time during trial, so long as a judgment has not yet been entered. Union Bank v. Wendland (1976) 54 Cal.App.3d 393, 400-401.
The statutes authorizing amendment of pleadings are construed liberally so that cases might be tried upon their merits in one trial where no prejudice to the opposing party or parties is demonstrated. Rainer v. Community Mem. Hosp. (1971) 18 Cal.App.3d 240, 254. There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding. Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945. This liberal policy applies even to amendments requested during trial. However, the matter rests in the trial court’s sound discretion and is subject to appellate review only for abuse of discretion. Consilidated World Investments, Inc. v. Lido Preferred, Ltd. (1992) 9 Cal.App.4th 373, 383.
Dr. Brown testified in his deposition that Dr. Black failed to adequately monitor Mr. Hernandez during his admission at East Los Angeles Doctor’s Hospital, which led to delayed definitive treatment of Mr. Hernandez’s scrotal cellulitis, which ultimately became an abscess. He further testifies that Dr. Black was aware of Mr. Hernandez’s scrotum, but didn’t monitor it properly and waited for a very long period of time before requesting a urology consultation. Mr. Hernandez was admitted into East Los Angeles Doctor’s Hospital on January 3, 2006, but Dr. Black did not request a urology consultation until January 13, 2006.
There was further a substantial delay for treatment because Dr. Evans (the urologist) was out of town and unavailable. Knowing that Dr. Evans was unavailable, Dr. Black did not seek another urologist and Mr. Hernandez was not seen by a urologist until January 18, 2006. (See Part 3 04.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.