THE PARENTS’ QUALITY OF CARE FOR THE CHILD IS IRRELEVANT The defense has no admissible testimony that the quality of care given to the minor child by his parents has in any manner contributed to the condition from which the child suffers. The child’s suffering and severe brain damage has…
(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…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) On arrival at Regional Medical Center, the systolic pressure on Ms. Cruz was 138. Her blood sugar was relatively low. Nursing personnel were aware of a history of pregnancy-induced hypertension (PIH)…
(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.) In June 2005, Dr. Y. recommended to Dr. S. that Diane Cash be evaluated by a neuropsychologist in order to assess the extent of cognitive impairment resulting from the brain damage.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) THIRD CAUSE OF ACTION BY ALL PLAINTIFFS AGAINST DEFENDANT UCC BASED UPON RETALIATION 99. Plaintiffs incorporate herein by reference each and every allegation contained in paragraphs1 through 87 with full force…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Trial Brief on the Quality of Parents’ Care (Hanif) MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This is a medical negligence action wherein the minor Plaintiff, DANIEL YAMAMOTO, a Roseville resident,…
(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.) FACTS: Due to absence of comprehensive nursing notes on Ms. Cruz while she was in L&D, exceedingly poor memories of the witnesses whose depositions have been taken to date, and a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) On Monday, February 9, 2005, Diane Cash obtained further treatment for her bus collision injuries from her primary care physician, Kerry C., M.D., in Sacramento. Dr. C. reported the bus accident,…