San Jose Man Files Medical Malpractice Suit, Part 1 of 4

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.)

Defendant Universal Medical Center (“Defendant”) moves for a mental examination of plaintiff Randall Smith ( Plaintiff) by David Black, M.D., a psychiatrist, at his office located in San Jose, California.

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.


This is a medical negligence case. Plaintiff Randall Smith claims to have developed complex regional pain syndrome ( CRPS ), also known as reflex sympathetic dystrophy ( RSD ), from an IV needle insertion he received prior to undergoing an endoscopy on December 7, 2006, at General Hospital, part of defendant Universal Medical Center. Plaintiff claims that his CRPS/RSD went undiagnosed until January 24, 2007. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

Plaintiff has sought, and alleges that he will be required to seek, psychological services because of his alleged CRPS/RSD. In early January 2007, he sought psychiatric treatment at ABC Psychiatric Facility, because he experienced suicidal and homicidal thoughts related to his pain after the above IV placement. Both Plaintiff’s counsel, and his medical records, disclose that in September or October, 2008, Plaintiff sought inpatient psychiatric care, apparently because Plaintiff attempted suicide.

A medical record dated November 5, 2008, stated that this was Plaintiff’s second suicide gesture or ideation in a year. After discharge from this inpatient facility, Defendant understands that Plaintiff sought counseling on an outpatient basis at an institution called Thunderbird House, an outpatient mental health facility. Defendant understands Plaintiff has received, and is currently receiving, psychological counseling.

For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins. (See Part 2 of 4.)

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