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, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Defendants Barbara Smith, M.D. and the XYZ Perinatal Medical Group, Inc.’s Demurrer to Plaintiff Joan White’s Complaint.
PLEASE TAKE NOTICE that defendants Barbara Smith, M.D. and XYZ PERINATAL MEDICAL GROUP, INC., will and hereby do Demur to plaintiff’s Complaint on the following grounds:
1. The Second Cause of Action for Wrongful Life seeks non-recoverable damages and fails to state facts sufficient to state a cause of action, and is uncertain;
2. The Third Cause of Action for Willful Misconduct fails to state facts sufficient to state a cause of action, and is uncertain.
This Demurrer will further be based upon this notice, the attached Memorandum of Points and Authorities, all records and pleadings on file herein, and any other further oral and/or documentary evidence as may be presented at the time of this hearing of this Demurrer.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
Plaintiff Joan White, a minor by and through her Guardian Ad Litem, Haley White, filed her Complaint for Wrongful Life on or about December 9, 2005. Demurring defendants Barbara Smith, M.D. and XYZ PERINATAL MEDICAL GROUP, INC., were served on or about January 29, 2006.
Defendants hereby demur to the Second cause of action for Wrongful Life, and the Third cause of action for Willful Misconduct, on the grounds that plaintiff’s Complaint is lacking any factual information to support these causes of action, and seeks damages to which the plaintiff is not entitled. Further, the Complaint is uncertain, as it is vague, ambiguous, and otherwise unintelligible as to these causes of action.
Accordingly, demurring defendants respectfully request that the Court sustain this Demurrer to plaintiff’s Second cause of action for Wrongful Life, and Third cause of action for Willful Misconduct, without leave to amend, on the grounds that they are uncertain and fails to state facts sufficient to support a cause of action. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.