It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(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.)
Plaintiff’s Motion in Limine to Exclude any Reference or Comment by Defendants’ Expert Witness Nancy Black, M.D. and of Any Other Witness that Emma Smith’s Delay in Diagnosis Was Contributed to or Caused by Her Mother’s Failure to Return to Defendant Dr. Hill or Other Physicians
Plaintiff Emma Smith, through her Guardian as Litem, Sabrina Smith, brings the following motion in limine and requests that the court order as follows:
1. To exclude any and all comments concerning Sabrina Smith’s failure to return Emma to the treatment of Dr. Hill or other health care providers;
2. To exclude any and all comments or opinions Emma would have been diagnosed sooner if she had returned to Dr. Hill or other health care providers;
3. To order defendant counsel to caution his witnesses as to the above referenced rulings;
4. To order defense counsel to approach the bench and make an offer of proof prior to soliciting any testimony that could elicit such an opinion or comment.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
INTRODUCTION
This case involves the failure to appropriately diagnose and treat an eight year old child, Emma Smith, for a primary dystonia, dopa responsive dystonia (DRD). The child, Emma, from the age of eight years and one month through age twelve years and four months, became progressively disabled as a result of this treatable and reversible disease. During this time frame she was cared for by her parent, Sabrina Smith.
When Emma was eight years and one month of age, on July 21, 2000, Mrs. Smith brought her to see pediatric neurologist Sarah Wong, M.D., at Universal Hospital because of an abnormal gait. In September 2000, two months later, she brought Emma for a second opinion to Dr. William Lee, also a pediatric neurologist, at Children’s Hospital.
Despite seeing Dr. Lee several times and participating in a course of physical therapy, Emma continued to deteriorate. Dr. Lee did not have a diagnosis, therefore, Mrs. Smith sought another opinion, again at Universal Hospital Medical Center. This time she saw defendant Anne Hill, M.D. She continued Emma’s care at the University through January 2000. In March 2001, Dr. Hill made a differential diagnosis of DRD.
In July 2001, without ruling out DRD, Dr. Hill diagnosed Emma with cerebral palsy (spastic diplegia) from birth trauma. After her diagnosis and treatment proved futile, Mrs. Smith took Emma to multiple other practitioners, including two separate chiropractors, an acupuncturist and a holistic medicine specialist, to treat her alleged cerebral palsy. In December 2000, her father brought her to a pediatric orthopedic surgeon, Dr. Ken Weinstein. Dr.Weinstein believed that she had a congenital dystonia and not a spastic diplegia from birth trauma. On his advise she had a one-time consult with Dr. Roy Brown on December 29, 2000. During this entire course of care she treated consistently with her pediatricians at El Camino Pediatrics. (See Part 2 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.