(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.)
Plaintiffs’ complaint alleges wrongful death, failure to report and civil conspiracy, intentional and negligent infliction of emotional distress and elder abuse, against the various defendants. Defendant Dr. Gary Greene was the physician who oversaw the treatment of Mr. Ryan in the emergency room.
Notably, the complaint is completely devoid of any allegations of negligence against any staff or employee of Universal Medical Center with respect to the treatment Mr. Ryan received in the emergency department. Plaintiffs allege, rather, that Dr. Greene was negligent in treating Mr. Ryan, and they further allege that Dr. Greene was either an agent or an employee of Universal Medical Center.
The core grievance throughout plaintiffs’ complaint is their claim that Dr. Greene formed an intent to steal Mr. Ryan watch while in the emergency room, and thus he did not perform all necessary measures to resuscitate Mr. Ryan. Plaintiffs allege that Universal Medical Center is liable for Dr. Greene’s allegedly criminal actions. There is evidence in this case that Dr. Greene may have stolen the watch. The staff at Universal Medical Center, however, recovered the watch, which was returned to the family that night. There has been a grand jury indictment against Dr. Greene for the theft of the watch. The alleged theft, whether it occurred or not, however, is not germane to the issues herein. Whether or not the watch was stolen by Dr. Greene, however, is irrelevant to the issues presented in this motion for summary adjudication against the wrongful death cause of action.
The issues are whether the care rendered to Mr. Ryan while he was in the emergency room was negligent, and if so, whether that negligence caused or contributed to Mr. Ryan death. The undisputed facts will establish that Mr. Ryan’s condition upon presentation to the hospital was grave and, in fact, no amount of treatment would have revived hint by the time he reached the emergency room; that the treatment rendered to him in the emergency room was entirely within the standard of care; and that no treatment that was given (or allegedly withheld) caused or contributed to Mr. Ryan’s death. Therefore, plaintiffs cannot maintain their wrongful death cause of action against Universal Medical Center. (See Part 3 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.