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, 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 personal injury lawsuit and its proceedings.)
Summary of Facts:
Nevins filed a lawsuit against Sacramento health in the Sacramento County Superior Court. The plaintiff alleged Sacramento health and its employees were negligent and violated the standard of care. The plaintiff alleged Oliver acted within the scope of his employment when he performed the procedure.
The plaintiff sought damages for her medical expenses, pain and suffering, loss of enjoyment of life, lost earnings and loss of earning capacity.
The defendant denied the allegations of negligence and asserted the plaintiff’s failure to mitigate her damages as an affirmative defense. Sacramento health claimed Nevins’s hypoglossal nerve was in an unexpected anatomical position never before encountered by Oliver or reported in the medical literature. It further claimed Oliver immediately disclosed to the plaintiff after the surgery that he had cut her hypoglossal nerve and apologized for the incident.
Plaintiff was awarded $3 million for past and future economic damages, and for noneconomic damages.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Don’t Let Your Statute Of Limitations Run Out
In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long.
If you or a loved one have been injured in an accident or due to medical malpractice, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.
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Sacramento, CA 95814
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