Doctor’s Malpractice Results In Death Of Elderly Sacramento Man, Part 3 of 5

It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(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.)

James Smith remained in the Medical Center from February 19 through February 24, 2008. At that time Dr. Martinez ordered that he be discharged to a nursing home (Valley Healthcare Center – not a party) for rehabilitation. At the Valley Healthcare Center, James Smith was evaluated by neurologist (Dr. Greene – not a party). He noted in his consultation report that James Smith was complaining of dull aching pain, deep in the frontal sinus area but no other neurological symptoms. Dr. Greene specifically noted that he was mentally alert and oriented with no definite focal motor weakness. He ordered an MRI of the brain. James Smith was discharged from the Valley Healthcare Center on April 1, 2008.

Mr. Smith was eventually admitted to the Medical Center in May 2009. On or about May 19, 2009 he underwent surgery on his cervical spine. The surgery had to be terminated due to pulmonary/cardiac issues. He was returned to surgery on or about May 26, 2009 and underwent cervical spine surgery. Mr. Smith was discharged from the Medical Center to a skilled nursing facility on or about June 4, 2009. He remained at that skilled nursing, with a few temporary transfers to hospitals for inpatient care, until his death on June 23, 2009.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


The declaration of Emergency Physician Clive Brown, M.D., has been filed in support of this motion. As stated in that Declaration, the care and treatment provided to James Smith by defendant Peter Hill, M.D. was at all times appropriate and within the standard of care.

As stated above, Dr. Hill is an emergency physician and was involved in the care and treatment of James Smith only during the hours that he spent in the emergency department of the Valley Medical Center on February 19, 2008. During that time, he did an appropriate and acceptable work up, which included ordering flat plate x-rays of the cervical spine, and CT scans of the cervical spine and brain. Thereafter, he correctly determined that James Smith needed no emergent intervention but did need admission to the hospital to the care of his attending physician for further evaluation and management. From the time of the admission of James Smith to the hospital, Dr. Hill was no longer involved in or responsible for his care. (See Part 4 of 5.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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