(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
In his deposition (not yet transcribed) Dr. Y. admitted urgent intervention was needed as soon as it was noted William Smith could not move his legs. He stated that had he known the patient could not move his legs at 1:00 a.m. on March 25, 2002, he would have immediately gotten out of bed, come to the hospital, and called for a neurosurgical consult. He said he would do all this in order to try and stop or reverse the paralysis.
If the jury believes Nurse Brown, they will find Dr. Y’s lack of intervention to be below the standard of care, by his own admission of what he should have done. The deposition transcripts of Nurses Black, Brown, and White are referenced herein.
XII. LIABILITY OF DR. Z.,, M.D.
Dr. Z. is an infectious disease expert. He was called to see William Smith on March 23, 2002. His consult is referenced herein.
Dr. Z’s liability is based on his failure to act appropriately to investigate, identify, and stop an infection that later rendered Mr. Smith quadriplegic.
In his deposition taken February 17, 2004, Dr. Z. admitted on page 28, line 22 through page 29, line 10:
“Q. But you also thought there might be a secondary infection, true?
A. Yeah. I thought there might be an infection there as well.
Q. What was the basis for your belief that there might be an infection?
A. Well, whole area of his low back where the skin was, it looked kind of inflamed.
Q. And there was some kind of drainage?
A. There was some drainage, yes.
Q. So you took that fact that it was an inflamed area, there was drainage, and he was in a lot of pain, you thought, well, this may be infected?
A. There might be some infection, yes.” (See Part 19 of 23.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.