(Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.) Plaintiff’s Trial Brief Re: CACI 430 MEMORANDUM OF POINTS AND AUTHORITIES SUMMARY OF ARGUMENT Defendants propose Special Jury Instruction # 1 based on the argument that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Significantly, the Supreme Court in Byrd held that in Ochoa the injury-producing event was the failure to provide proper medical attention – and that observing the symptoms was sufficient for bystander…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The defense cites Bird v. Saenz (2002) 28 Cal.4th 910. In Bird, the Supreme Court denied bystander emotional distress to plaintiffs who saw their decedent being briefly rushed through a hospital…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The mother in Wilks was not present at the exact moment of the specific act of negligence In Wilks, the child was injured; but the mother could claim emotional distress because…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) STATEMENT OF FACTS On or about January 8, 2003, at about 1:30 p.m., JAMES PATEL was present in the emergency room when Sundari Patel bled excessively so that Sundari’s bed, arms…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 1. The depositions of Plaintiffs JAMES PATEL and MARI SINDHURI support their claim for bystander emotional distress under Thing, in this medical malpractice action. Here, the decedent’s husband and sister have…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Opposition to Motion for Summary Adjudication By David X., M.D. and Valley Physicians MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This is a medical malpractice and wrongful death action. Thirty-two year…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Question: Are medical malpractice plaintiffs eligible to recover prejudgment interest on their jury award when their statutory offer to settle has been rejected? F. Plaintiff Received a More Favorable Verdict as…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Question: Are medical malpractice plaintiffs eligible to recover prejudgment interest on their jury award when their statutory offer to settle has been rejected? In this case, not only would the judgment…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Question: Are medical malpractice plaintiffs eligible to recover prejudgment interest on their jury award when their statutory offer to settle has been rejected? A. Prejudgment Interest of $120,384.75: Plaintiff is entitled…