Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(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.)
UNIVERSAL WAS NEGLIGENT
Turning to the merits of the first cause of action, Universal asserts that it complied with the standard of care in its care and treatment of Decedent, and submits a declaration from its expect to that effect. In response, Plaintiffs submit a declaration from their expert, Steven White, M.D., in which he disagrees with Universal’s expert and opines that the standard of care was not met. Specifically, according to Dr. White, Universal Hospital fell below the standard of care on both August 10 and August 11, 2008.
In his declaration, Dr. White notes the testimony of Dr. Lee (which Universal’s expert ignores entirely) indicating that he spoke with the hospital CEO, Paul Smith, on August 10, 2008, informing him that Decedent had necrotizing fasciitis and recommending his urgent transfer to a major medial center in order to receive appropriate care, and that in response Dr. Lee was told to “mind his own business.” These facts are ignored in the declaration of Universal’s expert. According to Dr. White, this conduct on the part of the hospital CEO is below the standard of care. The standard of care requires the hospital to act reasonably in protecting the health and safety of its patients. This standard was not met.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
According to Dr. White, Universal Hospital also fell below the standard of care on August 11, 2008 when, according to Dr.Lee, the hospital staff, at the direction of Kevin Brown, M.D., and in the presence of the hospital CEO, concealed Decedent’s diagnosis from potential receiving hospitals in order to get him transferred. The CEO stood silent, thereby ratifying the staff’s conduct. These facts are also ignored in the declaration of Universal’s expert. As Dr. White indicates, the standard of care requires a hospital to accurately communicate a patient’s diagnosis when arranging for the patient’s transfer to another hospital. This standard was not met.
In view of Dr. White’s declaration, there is clearly a triable issue of material of fact on whether Universal met the standard of care. That being the case, summary adjudication on this ground is improper. (See Part 5 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.