(Please 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.)
Complaint For Damages cont.
5. At all times mentioned herein, Defendants, and each of them, were the agents, principals, servants, or employees of each of the remaining Defendants, and were at all times acting within the purpose and/or scope of such agency, service and/or employment. Each Defendant, including Does I through 100, consented, ratified, permitted, encouraged, directed, and/or approved the acts of each other Defendant.
6. For the year prior to October of 2008, Plaintiff Sura Bhandi had consulted with and employed Defendants Wellness Center, Tim Jones, D.C., and DOES 1 through 100, inclusive, and each of them, to examine, diagnosis, treat and provide chiropractic care for soreness in her shoulders and back.
7. Defendants, and each of them, owed a duty to Plaintiff to exercise the degree of knowledge, skill, prudence and diligence as other members of their respective professions commonly possess and exercise.
8. Defendants, and each of them, breached their respective duties owed to Plaintiff, and failed to exercise the degree of knowledge, skill, prudence and diligence as other members of their respective professions commonly possess and exercise, including but not limited to the following:
A. Defendants, and each of them, negligently examined Plaintiffs injuries;
B. Defendants, and each of them, negligently failed to diagnose the true nature and extent of Plaintiffs injuries;
C. Defendants, and each of them, negligently prescribed treatment that made Plaintiffs injuries permanent and more severe;
D. Defendants, and each of them, negligently overrated the Plaintiff causing her permanent injuries requiring immediate surgery;
E. Defendants, and each of them, failed to render medical care with the knowledge, skill, prudence and diligence that is commonly possessed and exercised by competent chiropractors.
F. Defendants, and each of them, failed to properly refer Plaintiff to a competent medical provider, to address her medical concerns so she could attain adequate care.
9. As a direct and proximate result of Defendants’ negligence, Plaintiff was forced to undergo extensive surgery and additional medical care that would not have been necessary but for Defendants’ negligence.
10. As a further direct and proximate result of Defendants’ negligence, Plaintiff did not receive appropriate and competent medical care, which caused her injuries to become serious, permanent and disabling. (See Part 3 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.