It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Plaintiff Thomas Brown (hereinafter, “Plaintiff”) by and through his attorneys of record, and hereby submits the following Trial Brief on the Scope of Plaintiff’s Experts’ Testimony on Standard of Care.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
Dr. Stein testified he had opinions on whether the defendants fell below the standard of care as well as the cause of Plaintiff’s damages. Dr. Majore testified that he would be giving opinions on the standard of care within the scope of his medical practice of pain management.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
DEFENDANTS FELL BELOW THE STANDARD CARE DURING PLAINTIFF’S HOSPITAL STAY FROM AUGUST 20, 2008 THROUGH AUGUST 27, 2008
Dr. Stein prepared a Declaration which was provided at his deposition and attached as Exhibit “2.” Dr. Stein’s Declaration contains a section entitled “Opinions” which lists 12 opinions. The first six opinions are quoted as follows:
“The following are examples of what exactly fell below the standard of care:
1. No postoperative visit by Dr. White to explain Mr. Brown’s complications and his prognosis.
2. No postoperative MRI before discharge to investigate why he had cauda equina syndrome.
3. No recent follow-up appointment after discharge to check on possible worsening.
4. Telling the patient preoperatively that a 2-level laminectomy was minimally invasive and would require only an overnight stay when he was actually in the hospital for 1 week.
5. Not explaining to the patient that something unexpected had happened.
6. Dr. White, Dr. Li, Dr. Smith and others at Med Center failed to communicate with Mr. Brown as to the cause of his pain, weakness and numbness postoperatively. 19
In connection with Dr. Stein’s deposition, Defendants’ counsel Donald Jones elected not to question Dr.Stein regarding the Declaration. Nevertheless, Plaintiffs counsel, Michael Black questioned Dr.Stein about the Declaration stating at p. 124:1:
Q: And then you have a declaration of A. Stephen Stein which doesn’t appear to be dated.
A. It was sent out on the 24th of November.
Q. Okay.
A. So that’s probably the date that I signed it.
Q. And do you maintain all of your opinions stated in that declaration?
A. Yes. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.