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 in personal injury cases present such issues to the court.
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, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)
DEFENDANT XYZ HOSPITAL’S DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTFFS’ COMPLAINT FOR DAMAGES
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF XYZ HOSPITAL’S DEMURRER AND MOTION TO STRIKE
INTRODUCTION
Plaintiff’s complaint arises out of the care and treatment provided to Donald Lee at XYZ Hospital and at a skilled nursing facility, Universal Hospital. The complaint alleges causes of action for medical malpractice, wrongful death and a cause of action under the dependent adult statutes. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Dependent adult claims must be pled with particularity. Plaintiff has failed to properly plead facts sufficient to show reckless and egregious abuse on the part of an employee of XYZ Hospital, or facts to show wrongful conduct on the part of any officer, director or managing agent of the Hospital which must also be alleged to state a claim against the Hospital under Welfare and Institutions Code § 15657 and under Civil Code § 3294. The Hospital therefore demurs to the dependent adult claim and moves to strike the § 3294 punitive damage claim.
The Hospital also demurs to the second and third causes of action for uncertainty, and moves to strike the unsupported allegations of recklessness in these two causes of action as well as the claims for decedent’s medical expenses and emotional distress which are improperly asserted in the third cause of action for wrongful death.
Finally, defendant moves to strike the improper reference to violations of Health and Safety Code § 1430 as to XYZ Hospital since this statute applies only to skilled nursing facilities. (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.