Personal Injury Lawyer Blog
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 also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse case and its proceedings.)
STATEMENT OF FACTS
Plaintiff was admitted to JFK on or about September 25, 2006, for treatment of a cervical spine fracture. He was discharged from JFK on or about October 4, 2006, and transferred to JFK Hospital, Roseville. On or about October 8, 2006, he was transferred to JFK Folsom. In January 2007, he was transferred to JFK Post Acute Care Center, and was then discharged home on or about February 1, 2007.
Plaintiff claims that during his care at these various facilities, defendants failed, inter alia, to monitor his condition and to prevent the development and progression of his pressure ulcers. In connection with these events, he brings causes of action for elder abuse and negligence against JFK and JFK. For relief, he seeks general and special damages, punitive damages, and attorneys’ fees from JFK and JFK. The initial Complaint for Damages was filed on September 24, 2007. The First Amended Complaint for Damages was filed on February 20, 2008. The Second Amended Complaint was filed on May 29, 2008. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
With respect to JFK, Plaintiff was enrolled as a member of JFK Health Plan, Inc. (the “Health Plan”). The Health Plan contains an arbitration provision which requires that all of his claims against JFK be submitted to binding arbitration.
This provision requires arbitration of any claim relating to the Health Plan or to Plaintiff’s relationship with JFK. Based on Plaintiff’s agreement to arbitrate, JFK moved the Court on February 23, 2008, to compel the arbitration of Plaintiff’s claims against it and to stay the action as to it. On March 3, 2008, JFK served an amended noticed of the same motion. On April 6, 2008, Hon. John Lee granted JFK’s motion.
Given that the controversy to be arbitrated is factually inextricably intertwined with the controversy alleged against JFK in the Second Amended Complaint for Damages, JFK now moves pursuant to C.C.P. § 1281.4 that the Court impose a mandatory stay of the above-entitled action until the arbitration is completed. (See Part 3 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.