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 case and its proceedings.)
It is also worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.
When responses were not forthcoming, by letter dated May 22, 2002, counsel for these responding defendants requested that plaintiffs’ counsel provide responses to the outstanding discovery responses by May 29, 2002. In said letter, counsel for responding defendants further indicated that given plaintiffs’ pending motion for trial preference, it was imperative that these severely outstanding responses be provided posthaste. While plaintiffs’ counsel again requested, and was granted, another extension of time, until June 1, 2002, to provide responses, no responses were forthcoming. As such, it is disingenuous for plaintiffs to request trial preference in a highly complex action involving extensive damages when they have impaired defendants’ ability to conduct even basic discovery necessary to evaluate this action and to prepare for trial. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
While plaintiffs may, at some point, elect to provide discovery responses, based on the allegations contained in the complaint it is evident that an extensive amount of discovery, depositions and expert work-up will have to be conducted in order to fully and properly evaluate this matter and prepare it for trial. In total, it is likely that the case will involve anywhere from 12-15 expert witnesses. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.