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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 case and its proceedings.)

STATEMENT OF FACTS

In November of 2004, Sandy White was scheduled for a left total knee arthroplasty by orthopedic surgeon, William Hall, M.D., after findings of moderate degenerative joint disease involving all three joint compartments in her left knee. On November 14, 2004, Dr. William Hall performed a total knee replacement on Ms. White’s left knee.

In the months following the November 14, 2004 surgery by Dr. Hall, Ms. White continued to have pain in her left knee and maltracking of her left patella. Dr. Hall discussed the issue of patellar subluxation with Ms. White, when she presented to the clinic with complaints that her left knee felt like it would buckle at times. Dr. Hall recommended and performed arthroscopy with lateral release of the left patella on Ms. White on January 27, 2005. Dr. Hall noted that the prosthesis appeared intact and in good position except the patella which was noted to be certainly maltracking and subluxing laterally. Moreover, it was noted that Ms. White’s flexion was limited. Dr. Hall performed lateral release under vision which he noted to be very complete proximally and distally and that this improved the position and tracking of the patella significantly and achieved 90-95 degrees flexion.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, Save Mart, Walmart, or Whole Foods.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

STATEMENT OF FACTS cont.

Plaintiff believes that she slipped and fell in a liquid substance because she claims that the seat of her pants felt wet on one side after the fall. However, plaintiff did not observe any liquid on the floor either before or after the fall. (Deposition of Pamela White, pages 85:23-86:1; 101:11-102:5; 109:1-21; 184:16-21.) Plaintiff concedes that she has no information as to how long the substance she claims she fell is was on the floor prior to her fall or how it came to be on the floor. (Deposition of Pamela White, pages 130:5-131:16; SSF, Fact No. 3).

After the fall, a paramedic pointed out what appeared to plaintiff to be a small piece of ham or turkey on the floor. (Deposition of Pamela White, pages 109:9-111:1.) Plaintiff concedes that she has no information as to how that piece of ham got onto the floor or whether it came from the sandwich she was carrying, and does not know how long it had been on the floor. (Deposition of Pamela White, pages 130:13-25.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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.

SACRAMENTO COUNTY SUPERIOR COURT FIRST AMENDED COMPLAINT

Plaintiffs, MALYIA JEFFERS by her Guardian Ad Litem, THERESE ADAMS, CLPF, RYAN JEFFERS AND LEAH YANG, allege against CATHOLIC HEALTHCARE WEST dba METHODIST HOSPITAL OF SACRAMENTO, CYNTHIA R. MYAS, CHRISTOPHER SCHAAL, JEFF FITE, SURJIT NIJJAR, GREGORY R. ROSELLINI, EMERGENCY PHYSICIANS MEDICAL GROUP, INC., and DOES 1 through 100, as follows:

SECOND CAUSE OF ACTION

(Negligent Infliction of Shock and Emotional Distress)

RYAN JEFFERS and LEAH YANG allege against defendants as follows:

Plaintiffs, RYAN JEFFERS and LEAH YANG, hereby reallege and incorporate herein by reference each and every allegation contained in the above paragraphs 1 through 15, inclusive, as though fully set forth.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

RYAN JEFFERS is the biological father of MALYIA JEFFERS. LEAH YANG is the biological mother of MALYIA JEFFERS. As a result, both were foreseeable victims of severe emotional distress in the event of any serious injury to MALYIA and any delay or refusal to treat her. Both RYAN JEFFERS and LEAH YANG were physically present at all times mentioned herein with their daughter, MALYIA. RYAN JEFFERS and LEAH YANG were present in the waiting room, emergency room and various treatment, recovery and hospital rooms with MALYIA JEFFERS at METHODIST HOSPITAL OF SACRAMENTO. (See Part 7 of 7.)

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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 car accident case and its proceedings.)

Plaintiff Paula Hill’s Opposition to Defendants’ Motion to Strike Memorandum of Costs or, in the Alternative, Motion to Tax Costs
INTRODUCTION

Plaintiff Paula Hill was victorious in her jury trial against defendants Sophia Lee and John Lee. Ms. Hill was forced into trial by defendants who refused her section 998 offer which was only $1550 more than the jury trial verdict. Now, having lost at trial and facing a judgment which, when combined with Ms. Hill’s recoverable costs, exceed Ms. Hill’s 998 offer to compromise, defendants ask this court to strike all of Ms. Hill’s costs. To do so would be plainly unjust. Ms. Hill is the prevailing party, she had a good faith belief she would recover more than $25,000 at trial when she filed the lawsuit, and she made a reasonable offer to compromise to avoid the unnecessary costs of litigation. This court should not punish Ms. Hill because the defendants incorrectly valued this case.

PERTINENT FACTS

This case arose from a car accident which occurred in Sacramento on March 1, 2008. As a result of the accident Ms. Hill suffered a strain in her neck and back. Ms. Hill treated with various treatment providers including an acupuncturist and two chiropractic offices. After about a year of consistent treatment, Ms. Hill fully recovered from her injuries.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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It is worth noting that situations similar to those described in this elder abuse 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 case and its proceedings.)

In short, the question posed by the demurrer to the First Cause of Action presents an array of included issues. As MICRA is a defense which has, as factual foundations, questions related to the capacity of the defendant and their participation in the transactions on which the action is based, a demurrer by each of the Hill defendants based on the licensure status of the skilled nursing facility is disingenuous, and unconvincing.

The demurrer is also to the Eighth Cause of Action for wrongful death under Civil Code §377.60. This cause of action is a statutory tort, and the question whether MICRA applies to it is will be determined by established case law deciding the question of when a statutory tort is governed by MICRA as a negligence claim would be, or on the other hand whether the statutory tort would not be governed by MICRA as an intentional tort.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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.

SACRAMENTO COUNTY SUPERIOR COURT FIRST AMENDED COMPLAINT

Plaintiffs, MALYIA JEFFERS by her Guardian Ad Litem, THERESE ADAMS, CLPF, RYAN JEFFERS AND LEAH YANG, allege against CATHOLIC HEALTHCARE WEST dba METHODIST HOSPITAL OF SACRAMENTO, CYNTHIA R. MYAS, CHRISTOPHER SCHAAL, JEFF FITE, SURJIT NIJJAR, GREGORY R. ROSELLINI, EMERGENCY PHYSICIANS MEDICAL GROUP, INC., and DOES 1 through 100, as follows:

While in the waiting room MALYIA grew sicker and weaker. The parents of MALYIA repeatedly asked and begged defendants to treat their daughter. Defendants chose not to do so and instructed them to continue waiting. Approximately five hours after arriving at the hospital MALYIA was seen for the first time by a physician after her father and mother pushed past defendants’ employees and demanded to see a doctor.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

At all times and places mentioned herein, defendants, and each of them, carelessly and negligently instructed, examined, diagnosed, prescribed for, cared for, and treated plaintiff,

MALYIA JEFFERS, including but not limited to, choosing to delay necessary medical treatment and negligently performing hospital, medical, nursing, laboratory, and radiological care and services in a delayed, careless, and negligent manner, all below the standard of care, all of which directly and legally resulted in the damages to MALYIA JEFFERS.

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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, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Trial Brief of Defendants William Hall, M.D., and Universal Medical Clinic.

PARTIES

Plaintiff Sandy White is represented by the ABC Law Offices in San Francisco.

Defendants William Hall, M.D., and Universal Medical Clinic are represented by the XYZ Law Firm of San Francisco.

STATEMENT OF FACTS

Dr. Hall is an Orthopedic Surgeon practicing at Universal Medical Clinic in San Francisco. On February 21, 2007, plaintiff underwent a right total knee replacement surgery performed by Dr. Hall at Universal Community Hospital. On February 25, 2007, Dr. Hall discharged plaintiff from Universal Community Hospital after she had been doing well and ambulating with physical therapy. There were no postoperative complications and the outcome was satisfactory as plaintiff was noted to have recovered very well from the right total knee replacement.

On November 5, 2007, plaintiff presented to Dr. Hall at Universal Medical Clinic for a preoperative visit concerning a left total knee replacement. Dr. Hall noted that the left knee possessed a valgus deformity and pain upon flexion. According to Dr. Hall, plaintiff was a candidate for the surgery due to arthritis in all three components of the knee and three years of left 13 knee pain. He discussed the risks, benefits and alternatives with plaintiff.

For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.

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It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, Save Mart, Walmart, or Whole Foods.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

STATEMENT OF FACTS

On May 3, 2009, plaintiffs Pamela White and Kenneth White filed their Complaint alleging causes of action for Negligence, Premises Liability and Loss of Consortium. Specifically, plaintiffs allege that Pamela White slipped and fell in liquid of the floor and injured her right elbow, and that Safeway failed to exercise reasonable care in maintaining the store premises.

Plaintiff’s Fall

On March 24, 2009, plaintiff Pamela White went to the Sacramento Safeway to purchase lunch for her son. Plaintiff arrived at the store between 8:20 a.m. and 8:30 a.m., and went to the deli department to get a ham sandwich. After leaving the deli department, she then walked to the back of the store and turned right down the back, main aisle of the store toward the dairy department to get yogurt. (Deposition of Pamela White, pages 74:9-22, 75:7-18, 76:7-20, 77:4-5; 121:20-122:9.) Plaintiff testified that she fell while walking in the dairy department between 8:40 and 8:45 a.m. At the time of the fall, plaintiff was carrying a ham sandwich, a bag of chips, and a bottle of water. She did not see anything on the floor in the area where she fell prior to her fall.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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 case and its proceedings.)

Plaintiff’s Opposition to Defendant, William Hall, M.D’s, Motion for Summary Judgment; Points and Authorities.

Plaintiff, Sandy White, hereby opposes Defendant William Hall, M.D.’S Motion for Summary Judgment. This Opposition is made on the grounds that there exist numerous triable issues of material fact demonstrating that Dr. Hall breached the applicable standard of care in the community in the care and treatment of Ms. White and that these breaches of the standard of care either caused and/or contributed to Ms. White’s injuries. As such, plaintiff respectfully requests that the court deny Dr. William Hall’s motion for summary judgment.

This Opposition is based upon this Notice, the attached Memorandum of Points and Authorities, the Declarations of Robert Lee, M.D., and Abbey Smith, Esq., the Separate Statement of Disputed Material Facts filed concurrently with this Opposition, and such other oral and documentary evidence as may be presented before or at the time of hearing of this Motion.

MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION

Plaintiff, Sandy White, has brought this medical malpractice action against Dr. William Hall based on his professional malpractice in his care and treatment of Ms. White. Plaintiff originally filed this action on April 27, 2007, with trial in this matter scheduled for February 25, 2009.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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.

SACRAMENTO COUNTY SUPERIOR COURT FIRST AMENDED COMPLAINT

Plaintiffs, MALYIA JEFFERS by her Guardian Ad Litem, THERESE ADAMS, CLPF, RYAN JEFFERS AND LEAH YANG, allege against CATHOLIC HEALTHCARE WEST dba METHODIST HOSPITAL OF SACRAMENTO, CYNTHIA R. MYAS, CHRISTOPHER SCHAAL, JEFF FITE, SURJIT NIJJAR, GREGORY R. ROSELLINI, EMERGENCY PHYSICIANS MEDICAL GROUP, INC., and DOES 1 through 100, as follows:

Plaintiffs herein are (1) MALYIA JEFFERS, a minor, by her Guardian Ad Litem, THERESE ADAMS, a California Licensed Private Fiduciary, (2) RYAN JEFFERS, the biological father of MALYIA JEFFERS, and (3) LEAH YANG, the biological mother of MALYIA JEFFERS.

Defendant held out CATHOLIC HEALTHCARE WEST dba METHODIST HOSPITAL OF SACRAMENTO as able to properly evaluate and treat emergency medical conditions. Said defendant issued at least one press release representing that its emergency room was newly expanded, improved and able to treat patients faster. In spite of this, defendant chose to negligently staff, operate and supervise the emergency room and negligently selected, employed, supervised and monitored the emergency room staff.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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