(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) IV THE MOTHER DOES NOT HAVE TO SHOW CONTEMPORANEOUS OBSERVATION OF HER CHILD’S BIRTH INJURY TO CLAIM EMOTIONAL DISTRESS AS A DIRECT VICTIM The plaintiff mother does not have to show…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiff’s Settlement Conference Brief BRIEF SUMMARY OF THE CASE: This action for malpractice involves severe birth-related brain injuries to Martha Cruz, born XX/XX/2002, at Regional Medical Center in West Sacramento. Briefly,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The Third District cited the Second District case of Zambrano v. Dorough (1986) 179 Cal.App.3d 169, a medical negligence case wherein the plaintiff asserted the defendant physician’s negligent misdiagnosis caused her…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) III THE DEFENDANTS VIOLATED TWO PRIMARY RIGHTS: (1) ONE INVOLVING INJURY TO THE CHILD AND (2) ONE INVOLVING INJURY TO THE MOTHER; THE MOTHER MAY ASSERT SEPARATE CAUSES OF ACTION FOR…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) DAMAGES As to Alexandra, the damage to his body speaks for itself. Plaintiffs presented substantial and credible evidence on this issue with the testimony of Dr. Peter W., Dr. Nathaniel T.,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) THE ISSUE OF VERDICT BASED ON INSUFFICIENT EVIDENCE The Defendants’ Memorandum of Points and Authorities in Support of Motion for New Trial contends that there was insufficient evidence to support the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Thus, … the failure by Burgess to satisfy the criteria for recovery under Thing, … does not end the inquiry. The alleged negligent actions resulting in physical harm to Joseph [the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) THE ISSUE OF INFORMED CONSENT The defendant says that there is virtually no testimony on the issue of informed consent except Dr. Linda X.’s testimony that she failed to obtain the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) B. BURGESS: THE SUPREME COURT IN BURGESS RECOGNIZED THE OBSTETRICIAN OWES A SEPARATE DUTY TO A MOTHER NOT TO INJURE HER CHILD – DISTINCT FROM THE OBSTETRICIAN’S DUTY NOT TO INJURE…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) (Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916). Consequently, direct victim emotional distress does not rely upon physical injury or impact. And the lack of a requirement for physical injury…