(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) UNIVERSAL HOSPITAL IS NOT LIABLE FOR THE CONDUCT OF SUBSEQUENT TORTFEASORS AND, THEREFORE, PLAINTIFFS’ DOUBLY-IMPUTED LIABILITY THEORY LACKS MERIT As stated above,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) PRINCIPLES REGARDING OSTENSIBLE AGENCY In California, an agency relationship between a principal and an agent can be actual or ostensible. (Civ. Code,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) The Barragan Court recognized that a wrongful life action exists in favor of the plaintiff child where the child proves the defendant…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) The Elements That Plaintiffs Must Prove To Establish A Prima Facie Case. In CACI No. 513, the elements for proving a wrongful…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) THE NATURE OF WRONGFUL LIFE/ WRONGFUL BIRTH ACTIONS Wrongful Life And Wrongful Birth Actions Are Forms Of Professional Negligence Claims. The courts…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) SUMMARY OF FACTS The undisputed facts follow. Patty Smith was a 36-year-old female who was three months pregnant when she came to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) UNIVERSAL HOSPITAL’S TRIAL BRIEF REGARDING PRINCIPLES OF WRONGFUL BIRTH, OSTENSIBLE AGENCY, AND APPORTIONMENT OF FAULT MEMORANDUM OF POINTS AND AUTHORITIES SUMMARY OF…
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. (Please note: the names and locations of all parties have been changed…
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. (Please note: the names and locations of all parties have been changed…