Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this brain injury 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 medical malpractice case and its proceedings.)
CACI (California Civil Jury Instructions) or BAJI (Book of Approved Jury Instructions) is a checklist of the substantive law in the civil actions covered thereby. These instructions indicate the elements that plaintiff must prove at trial to recover and these are usually the same elements plaintiff must plead to state a cause of action. Rutter Group: California Practice Guide: Civil Procedure Before Trial, Chapter 6 Pleadings.
The “facts” to be pleaded are those upon which liability depends — the facts constituting the cause of action. These are commonly referred to as “ultimate facts.” Doe v. City of Los Angeles, (2007) 42 Cal.4th 531, stating that the complaint will be upheld so long as it gives notice of the issues sufficient to enable preparation of a defense. Id. 549-550. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
A complaint must allege the ultimate facts necessary to the statement of an actionable claim. It is both improper and insufficient for a plaintiff to simply plead the evidence by which he hopes to prove such ultimate facts. Careau & Co. v. Security Pac. Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1390.
B. Plaintiff’s Complaint Includes Each of the Elements Required In CACI 1621:
The 4th Cause of Action for Negligent Infliction of Emotional Distress by Plaintiff Thomas Lee states:
40. At all times herein mentioned, Plaintiff Ethan Lee was the father of Ethan Lee, the minor plaintiff and husband of Plaintiff Kathleen Lee.
41. At all times mentioned, said Defendants were under a legal duty to the plaintiff with respect to the care and treatment of the minor Ethan Lee while he was a patient in the said hospital and under the care of the said Defendants.
42. That said defendants negligently caused injury to the minor Ethan Lee, during the labor and delivery, as hereinafter alleged. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.