Personal Injury Lawyer Blog
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 wrongful death case and its proceedings.)
Moreover, in a negligence action it is not for the judge but rather the jury to determine the existence of the facts justifying the application of the doctrine of res ipsa loquitur, and an improper refusal of instructions thereon, followed by a judgment for the defendant, constitutes a denial of fair trial to plaintiff regardless of the jury’s right to weigh the opposing testimony of plaintiff as against the expert evidence of defendant. Rawlings v. Harris (1968) 265 Cal. App. 2d 452, 71 Cal. Rptr. 288.
In Fraser v. Sprageue (1969) 270 Cal. App. 2d, 76 Cal. Rptr. 37, the appellate court held that the evidence was sufficient to entitle plaintiff to have the cause submitted to the jury under a conditional res ipsa loquitur instruction, where plaintiff suffered an injury to the peroneal nerve, where such injury occurred either during surgery performed by defendant or as a result of overtight bandaging by defendant following surgery. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In Fraser, an expert in vascular surgery testified that he had performed at least 1,000 such operations without injury to the peroneal nerve and had never heard of such an injury resulting from like operations, where the operation was relatively commonplace rather than complex or unusual, and where, at the time of recommending surgery, defendant made no mention of risk of nerve injury.
There was also expert testimony, as well as defendant’s own testimony, which indicated the probability that proper surgical precautions were not taken, and where defendant furnished extended postoperative care and physical therapy treatments to plaintiff without charge. (See Part 13 of 13.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.