Personal Injury Lawyer Blog
It is 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, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice lawsuit and its proceedings.)
Plaintiffs’ Motion in Limine to Prohibit Argument or Evidence of Sympathy for the Individual Defendant Physician
PLEASE TAKE NOTICE that Plaintiffs will move this court in limine, before trial and selection of jury, regarding the following orders:
1. Don’t put a yoke over any of the individual defendant physician by a verdict.
2. Don’t shame any of the individual defendant physician by a verdict against them.
3. Don’t hurt any of the individual defendant physician’s reputation.
4. Don’t put the individual defendant physician out of business.
5. Don’t jeopardize the individual defendant physician’s medical licenses.
6. Don’t hurt the defendant financially by your verdict.
7. The individual defendant physician will have to personally pay this verdict.
8. A medical malpractice verdict will discourage good doctors from trying to help patients.
This motion is made on the grounds that such evidence is not relevant to any issues presented in this action, and would be highly improper and prejudicial to Plaintiff.
This motion is based upon this notice, the accompanying Memorandum of Points and Authorities, any documents already on file with this Court, and upon such other oral and documentary evidence as may be presented prior to or at the hearing of this matter.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
This is a medical negligence action involving the care and treatment provided to the plaintiffs during the course of Amy Choo’s labor and delivery with her daughter, Ellen Choo. Said defendant, Paul Green, M.D., was the obstetrician involved in the delivery of the minor plaintiff.
Plaintiffs anticipate that defense counsel may improperly attempt to appeal to the trier of fact’s sympathy in an effort to absolve Defendant Green from liability for Plaintiffs’ injuries. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.