It is worth noting that situations similar to those described in this elder abuse 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.)
Further, the motion completely ignores and fails to address the fact that Plaintiffs’ discovery responses include exercise of Plaintiffs’ right to respond to the interrogatories by reference to documents where the response calls for a compilation, audit, abstract or summary of records. See C.C.P. §2030.230. After setting forth seven pages of facts, Plaintiffs discovery responses state:
A further response to this interrogatory would require a compilation, abstract, audit or summary of the medical records of Paul Hill’s health care providers, the burden and expense of preparation of which would be substantially the same for the propounding party, and accordingly Plaintiff responds under C.C.P. §2030.230 and refers to the medical records of Paul Hill, including the records of St. Edna’s Subacute and Rehabilitation Center, and Fountain Valley Regional Hospital and Medical Center, Prairie La Vida Medical Group, Starcare/Gateway Medical Group, and PacifiCare/Secure Horizons.
The moving papers are completely devoid of any evidence that the records referred to in Plaintiffs’ discovery responses are factually devoid sufficient to meet their burden. To the contrary, the medical records clearly establish XYZ Care’s knowledge of Mr. Jackson’s condition, knowledge that failure to address his care needs would subject him to severe injury and death, knowledge of his deteriorating condition, and complete failure by XYZ Care’s staff to take any action, as required by applicable federal and state regulations standards of care, to avoid the known perils to Mr. Jackson.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The moving papers offer absolutely no affirmative evidence in support of the motion for summary adjudication. Notably, there is no declaration (or other competent evidence) from any health care provider (i.e. nurse, physician, or otherwise) to establish that the facts in the responses (or medical records referred to therein pursuant to C.C.P. §2030.230) are insufficient to establish the breach of any duty or other any element of Plaintiffs’ claims. Rather, movants rely solely on plaintiffs discovery responses that are allegedly “factually devoid.” (See Part 5 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.