(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Trial Brief on Substantial Contributing Factor; There is No Apportionment of Causation (Espinosa)MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This is a medical negligence action wherein the minor Plaintiff, KYLIE SMITH,…
(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? Plaintiffs ELLEN GREENE and PETER GREENE, minors, will…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) PLAINTIFFS’ EXPERTS ARE REQUIRED TO TESTIFY ONLY AS TO WHETHER THE CAUSATION WAS A SUBSTANTIAL FACTOR – AND THEY ARE NOT REQUIRED TO QUANTIFY THE PERCENTAGE OF INJURY Plaintiffs’ experts are…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) MEMORANDUM OF POINTS AND AUTHORITIES I INTRODUCTION This is a wrongful death action involving the death of Trevor Smith, who was a forty-one-year-old father and husband from Sacramento. He died of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The Espinosa court also held that having demonstrated the substantial factors in causing plaintiff’s brain damage, It was not necessary that plaintiff prove any particular apportionment as was required by the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) II MEDICAL OPINION TESTIMONY MUST BE TO A REASONABLE MEDICAL PROBABILITY An expert witness – including a medical doctor – must testify on issues of the standard of care, causation and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Consequently, Plaintiff submit Judicial Council jury instructions Numbers 340 and 341 on the issue of causation. The above instructions are in accord with BAJI: There may be more than one cause…
In Schnear v. Boldrey (1972) 22 Cal. App.3d 642, plaintiffs appealed a judgment for neurosurgeon Dr. Boldrey on the ground that the trial court had committed error in allowing defendant’s expert to speculate as to the possible causes for plaintiff’s blindness following neurosurgery. The First District Court disagreed, stating that:“……
When patients receive medical treatment there is generally a very high expectation that the results will be positive. However, that is not always the case. And in those cases where the outcome is either unexpected or is complicated, there will come a moment when the physician and the patient will…
The California Medical Board has permitted a doctor to keep his license after committing medical malpractice by helping an unlicensed doctor perform illegal abortions The doctor, who runs a cash only abortion business in Torrance, was also charged with seven other cases of incompentence and negligence. The charges against the…