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 wrongful death lawsuit and its proceedings.)
The accompanying declaration of James Chin, M.D., demonstrates his competency to opine as a board certified surgeon. James Chin, M.D., has submitted his declaration in support of moving defendants. Dr. Chin has opined that Dr. Daniel Black and the attending surgeons from The CMC complied with the standard of care in their intervention, care and treatment of David White. The surgical repair of the stab wound to the neck and the subsequent surgery to control bleeding in the neck area was performed within the standard of care. The fact that a second surgery to control bleeding was performed is not below the standard of care given Mr. White injury.
The order for placement of the Foley catheter before surgery and after surgery complied with the standard of care as it allowed the physicians to monitor fluid intake and output in a patient who was undergoing alcohol withdrawal. Typically Foley catheters are not inserted by surgeons unless there is difficulty with placement. The surgeons do not monitor the status of Foley catheters unless they are notified of problems relating to the Foley catheter such as placement or function. David White’s Foley catheters continued to function properly noting normal looking urine and normal amounts of urine the green discharge from the penis and sediment noted in the urine on January 2, 2009. When the nurses noted these changes, the physician was immediately notified. The physician appropriately responded by placing a suprapubic catheter inserted through the pelvis to allow drainage of the urine.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Treatment with multiple antibiotics was started appropriately in an effort to treat the infection. When Mr. White’s white blood cell count elevated above normal, multiple cultures were ordered to determine if Mr. White had an infectious process. The source of the possible infection was not evident until the nurse noted sediment in the urine and green discharge from the penis. Mr. White’s blood alcohol level of 0.438, which is a very high level, supports Mr. White was under the influence of alcohol. Therefore, it is within the standard of care for the physicians to order alcohol withdrawal protocol as well as sedating medications to control Mr. White’s symptoms related to his alcohol withdrawal especially when he was hallucinating and pulling at his lines. It was appropriate for a sitter to be at his bedside to help control him for his own safety.
Defendant has met the burden of proof as to the standard of care and the opinion of James Chin, M.D. is sufficient to shift the burden of proof under Code of Civil Procedure section 437 ( c ) ( p) (2) so as to require plaintiff to provide competent expert testimony to the contrary. Once the moving party has met its burden, the opposing party must produce admissible evidence to overcome the motion for summary judgment. The party opposing a motion for summary judgment has the affirmative duty to show that triable issues of fact exist. Leo F. Piazza Paving Company v Foundation, et al (1981) 128 Cal. App. 3 d 583, 590. (See Part 9 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.