It is worth noting that situations similar to those described in this brain injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
Plaintiffs’ Trial Brief on Issues Arising During the Current Pendency of Trial
The issues are:
1. The court allowed Defendant to inquire of the standard of care as to the staff of ABC Skilled Nursing Facility (“ABC”) over the objections of counsel for Plaintiffs.
2. The court allowed Defendant to inquire about certain regulatory materials, i.e. the Code of Federal Regulations and the California Administrative Code of Regulations over the objections of counsel for Plaintiffs.
Neither of these lines of questioning were appropriate, material or relevant to this matter. Plaintiffs, with the filing of this brief, will renew their objections and request that the court strike the testimony and instruct the jury to ignore it. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The bases for the requests are as follows:
Standard of Care at ABC
Dr. Brown was designated solely as an expert on the issue of the negligence of Andrew Lee, M.D. Tamara White was Plaintiffs’ expert on the issue of the negligence of ABC. Ms. White was withdrawn and not deposed at the demand of Defendant Lee after the good faith settlement with ABC.
Thus, there has been no witness deposed or designated by Plaintiff on this issue. Neither of Defendant’s medical experts – Drs. Stein and Wolff – rendered opinions on the standard of care of ABC. Thus, whether ABC employees were negligent is a non-issue in this matter, as neither party can meet the burden of proof for the jury to make a determination that ABC or its employees were negligent. Plaintiff fully expects that the court will have to so instruct the jury and that no verdict form containing ABC as a potential defendant can be provided to the jury.
(See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.