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.
(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.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.
PLEASE TAKE NOTICE PLEASE TAKE NOTICE that Defendants, Paul Davis, D.C. and Universal Chiropractic, Inc. (hereinafter “Defendants”), hereby move this Court in limine before jury selection or the trial’s commencement for an order precluding Plaintiff’s expert, Steven Strong, M.D., from providing any standard of care testimony against Defendants on the ground that Dr. Strong is not qualified to render such opinions. This motion is based upon the accompanying Memorandum of Points and Authorities, the records and files of this action, and such further evidence or argument as may be submitted before or at the time of the hearing of this matter. For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
Plaintiff, Sylvia White (hereinafter “Plaintiff”), sought chiropractic care and treatment with Defendant, Paul Davis, D.C., at his facility, Universal Chiropractic, Inc., on an intermittent basis between July 2004 and October 2006. Plaintiff filed an action for professional malpractice against the defendants based on professional malpractice and intentional infliction of emotional distress related to the underlying alleged malpractice.
In brief, Plaintiff alleges that Defendants should have diagnosed her degenerative condition when she presented in October 2006 with markedly increased pain and not have attempted chiropractic treatment. Plaintiff alleges that Dr. Davis’s treatments led to her subsequent surgeries and damages. (See Part 2 of 9.)
For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.