The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
Defendant James Lee, M.D.’s, Memorandum of Points and Authorities in Support of Michael Lee M.D.’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication
STATEMENT OF FACTS AND SUMMARY OF ARGUMENT
The series of events that culminated in plaintiff Sean Black’s filing of a Complaint for Medical Negligence and Failure To Provide Informed Consent, began on June 16, 2006. On that day plaintiff presented to Universal Surgery Center for a laparoscopic cholecystectomy. After insertion of the bladed trocar by surgeon and co-defendant Dr. Green, a pooling of blood was noted in plaintiff’s pelvic area. The blood was aspirated and its origin was found to be a tear in the mesentery, possibly caused by insertion of the bladed troca. There appeared to be no active bleeding following aspiration.
Vascular surgeon and co-defendant Dr. Smith was summoned for a vascular consultation. Dr. Smith appeared with his partner in vascular surgery and the moving party herein, Dr. Lee, but found there was no additional bleeding. Thereafter, Dr. Green continued with the procedure and removed the gallbladder without complication. Following its removal, Dr. Smith identified aid repaired a laceration in the left iliac vein. Dr. Green then ran the bowel and noted a very small injury to the mesentery which he repaired.
The abdomen was then closed by Dr. Green and plaintiff was transferred to the Intensive Care Unit at Universal Hospital for observation and postoperative care. Dr. Lee did not assist in any of the procedures employed by either Dr. Smith or Dr. Green. During the course of these procedures, Dr. Lee was on the telephone arranging with the nursing supervisor at Universal for an emergency transport capability with an advanced ambulance to take plaintiff directly from the operating room at Universal Surgery Center to the Intensive Care Unit at Universal Hospital.(See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.