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.
It is 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, Sutter, or any skilled nursing facility.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)
THE SECOND CAUSE OF ACTION FOR MEDICAL MALPRACTICE IS UNCERTAIN
The second cause of action is pled collectively against both of the entity defendants and do not contain any specific charging allegations against XYZ Hospital. The only relativity specific allegation in the second cause of action pertains to standards of care applicable to skilled nursing facilities. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Moreover, the second cause of action is entitled medical malpractice, but it contains references to reckless conduct and allegedly improper billing practices, neither of which would constitute medical malpractice as that term is generally understood. It is therefore uncertain as to the theories of liability plaintiff intends to assert in this cause of action.
The second cause of action also references federal regulatory requirements which were allegedly not maintained, but it fails to say what federal regulations were allegedly not followed.
THE THIRD CAUSE OF ACTION FOR WRONGFUL DEATH IS UNCERTAIN
The wrongful death cause of action incorporates the second cause of action and is therefore uncertain for the same reasons the second cause of action is uncertain.
In addition, the wrongful death cause of action also incorporates the dependent adult cause of action. However, the dependent adult statutes do not apply to an heir’s cause of action for wrongful death. Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256. The third cause of action is therefore uncertain what theories of liability plaintiff intends to assert as a basis for his wrongful death cause of action. (See Part 7 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.