(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
Plaintiff, Annette White, through her attorney of record, presents her memorandum of points and authorities and declaration of Randall Brown, M.D., in opposition to the motion for summary judgment filed by defendants John Lee, M.D., and John Lee, M.D., INC.
Plaintiff respectfully submits that the motion must be denied. Defendants have not carried their initial burden and have failed to present sufficient evidence to show there is no triable issue of material fact as the declaration of Donald Black, M.D., filed in support of the motion is hopelessly vague and provides no basis for, or explanation of, the opinions expressed.
Plaintiff requests that the motion be denied.
MEMORANDUM OF POINTS AND AUTHORITIES
This is a medical negligence action wherein plaintiff alleges that defendants were negligent in the performance of breast augmentation surgery and in the provision of follow-up care. As a result, it is alleged that plaintiff sustained serious personal injury. A breach of contract cause of action is also stated, based on the allegation that defendants breached their promise to provide their services in a safe and competent manner.
Defendants now move for summary judgment by presenting a declaration by Dr. Black which shows that following the surgery (and apparently as a result of the surgery), plaintiff suffered from infections, pain, and lactation; sought medical care from emergency rooms on several occasions; was required to undergo several more surgeries (including the surgical removal of the breast implants); and was warned by defendant that scar revision surgery might become necessary in the future. Without any attempt to explain the cause of these problems or why Dr. Lee bears no responsibility for them, Dr. Black asserts that Dr. Lee is not liable. That statement is inherently unbelievable and cannot support a motion for summary judgment.
Despite defendants’ failure to support their motion, plaintiff presents the declaration of Randall Brown, M.D., who makes it crystal clear that defendants failed to meet the standard of care and did in fact cause serious injury to plaintiff. (See Part 2 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.