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, UC Davis Medical Center, Mercy, or Sutter.
(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.)
OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE SENT SEPTEMBER 23, 2010 – EXCLUDING EXPERT OPINIONS AND TESTIMONY ABOUT MILITARY AND MEDICAL RECORDS PRIOR TO SEPTEMBER 23, 2008
Plaintiff seeks to exclude any testimony or opinions from Emergency Room expert Dr. Lee concerning David Hill’s medical, mental health, or military records for any time prior to February 23, 2008. Plaintiffs motion seems to be based on the sheer fact that Dr. Lee did not have the military records with him at his deposition. There are no legal grounds for excluding such testimony so and Plaintiffs motion in limine should be denied. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
As Plaintiff points out, Dr. Lee did not have the decedent’s military medical records with him at his deposition even though Dr. Lee indicated some familiarity with the records. The deposition took place in Plaintiff’s counsel’s office and counsel had the records in his possession because he is the one who produced the records to all parties.
As a threshold matter, Plaintiffs Motion in Limine is impermissibly vague in terms of what precisely she seeks to exclude. For instance, Dr. Lee did opine at this deposition that the standard of care did not require the providers at Sacramento Medical Center to obtain military health records in order to assess David Hill. There is no basis to exclude such an opinion and Plaintiffs motion is therefore impermissibly overbroad. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.