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.)
LIABILITY
Plaintiff contends that Dr. Hall departed from the standard of care with respect to the care of Kim Smith. Dr.Hall was the captain of the ship regarding the surgery. Fields v. Yusuf (2006) 144 Cal. App. 4th 1381, 51 Cal. Rptr. 3d 277 holds the captain of the ship doctrine imposes liability on a surgeon under the doctrine of respondeat superior for the acts of those under the surgeons special supervision and control during the operation.
Dr. Lee breached the standard of care as he was performing the actual part of procedure that led to Ms. Smith’s demise. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Additionally, plaintiff was under sole care of defendant(s) at the time of the incident and Drs. Hall and Lee have liability on res ipsa theory.
Dr. White negligently failed to medicate and “worked up” decedent’s underlying infection, leading to full device system infection, which was the underlying cause of the need for surgery. True copies of the curriculum vitae of John Black, M..D. and Ray Brown, M.D., and a copy of the declaration of Dr. Black regarding Dr. Lee are available.
DAMAGES
Plaintiffs are entitled under the law and MICRA to the full value of $250,000.00 as to the healthcare providers.
Medical Expenses: Medicare has a lien for $1850.33
Burial Expenses: $12,500
Lost Income: Decedent has intended to return to work after her youngest child entered school (i.e. September, 2009). Even if decedent was only able to obtain a minimum wage job, (i.e. $8.00/hour) she has future wage loss of $322,800.00.
Other Damages: Plaintiffs are entitled to damages for loss of household services of their mother of approximately $390,000.00.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.