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 also 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.)
In the instant case, Plaintiffs cannot demonstrate with sufficient medical probability that the Defendant’s conduct caused or contributed to Ms. Smith’s death. The opinion provided in the attached Declaration of Stanley Choo, M.D., affirmatively establishes that the care and treatment provided by Defendant Memorial Medical Center employees did not cause or contribute to Ms. Smith’s death.
The Declaration of Dr. Choo states that based on his review of the pertinent records and his experience, training, and education, to a reasonable degree of medical probability, nothing Memorial Medical Center nurses or employees did or failed to do caused or contributed to the death of Ms. Smith. Ms. Smith died of surgical complications at University Memorial Hospital and not as the result of any act or omission on the part of Memorial Medical Center employees or personnel. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Ms. Smith had a postoperative infection of her CRT-D system. However, such an infection is a known risk of indicated generator replacements and cen occur in the absence of negligence. Additionally, in November 2008, the Department of Health conducted an intensive investigation into Pseudomonas infections at Memorial Medical Center based on a slightly increased rate of Pseudomonas infections which occurred in the Neonatal Intensive Care Unit (the NICU).
The Department of Public Health determined that none of the adult patients infected with Pseudomonas at Memorial Medical Center in November and December 2008 were infected with the same strain of Pseudomonas that occurred in the NICU. Therefore, Ms. Smith’s Pseudomonas infection was not related to the outbreak of Pseudomonas in the NICU in 2008, as alleged by the plaintiffs in this case. (See Part 8 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.