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.
(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 Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
As far as Defendant is aware, Plaintiff continues to have ongoing mental health problems. Plaintiff has asserted these problems as the reason why he has not yet completed his deposition in this case. Plaintiff’s complaint alleges that, because of Defendant’s alleged negligence, he is going to be required to seek medical and/or psychological services in the future. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.
Plaintiff has testified in his deposition that he has a pre-existing history of depression which was debilitating enough to cause him to miss work and to receive social security disability. Defendant’s medical records suggest other pre-existing mental health problems. Defendant has not been able to fully question Plaintiff about these matters, because Plaintiff has been unavailable for his deposition.
Because Plaintiff has ongoing psychiatric problems, which he alleges are related to, or caused by, his alleged CRPS/RSD, Defendant requested in November 2008 that Plaintiff stipulate to a mental examination. Plaintiff’s counsel refused.
The parties have met and conferred on this issue, both in writing and orally, since November 2008. As of today, Plaintiff maintains that he is not willing to stipulate to a mental examination. In particular, Plaintiff’s counsel has asserted that Plaintiff’s multiple suicide attempts and need for inpatient and outpatient psychiatric care are not clearly mental distress over and above that usually associated with the physical injuries he claims. Defendant disputes this claim, and at a minimum, believes that the question requires an expert’s opinion. (See Part 3 of 4.)
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.