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 birth injury case and its proceedings.)
It is also worth noting that situations similar to those described in this medical malpractice 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.
PLEASE TAKE NOTICE that defendant, David Brown M.D., will move this Court for summary judgment in his favor, and against plaintiffs, Abbey Smith and Mark Smith, Sr., in the above-captioned action, in Sacramento County Superior Court. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant David Brown, M.D.’s, Notice of Motion and Motion for Summary Judgment, and Memorandum of Points and Authorities.
This motion for summary judgment is brought on the following grounds:
(1) This action is barred by the Statute of Limitations, pursuant to Code of Civil Procedure §§ 340.5 and 474;
(2) There is no triable issue of material fact as to the summary judgment sought, and therefore the moving party is entitled to such summary judgment as a matter of law, pursuant to Code of Civil Procedure § 437c.
This motion will be based upon this notice, the attached memorandum of points and authorities, the separate statement of undisputed facts, all other matters on file with the Court herein, and upon such other matters as may be properly before the Court at the hearing of this motion.
MEMORANDUM OF POINTS AND AUTHORITIES
This is an action for alleged medical malpractice arising out of the care and treatment rendered to plaintiffs, Abbey Smith and Mark Smith, Sr., against David Brown, M.D., an obstetrician and gynecologist, as well as several other health care practitioners, with respect to Ms. Smith’s labor and delivery of her son, Mark Smith, Jr., on or around February 21, 2001. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.