(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.)
Plaintiffs’ Opposition to Defendant Ana Lee’s Motion for Summary Judgment; Memorandum of Points & Authorities
Summary of Argument
The defendant’s motion rests on evidence for which there is virtually no foundation and no authentication. Because the defendant bears the burden of proof, its reliance upon inadmissible evidence requires denial of the motion (regardless of whether the plaintiff offers countervailing evidence. Further, even if the defendant could overcome the deficiencies of her evidence, the testimony of the Dr. Jason White (a board certified obstetrician and Clinical Professor of Obstetrics and Gynecology) establishes that Dr. Lee breached the standard of care. The testimony of Dr. White also establishes that defendant Lee’s substandard care was a substantial factor in causing or contributing to George Jackson’s catastrophic injuries. For more information you are welcome to contactSacramento personal injury lawyer, Moseley Collins.
Statement of Facts
Ms. Jackson’s Labor and Delivery Of Son George Jackson
Ms. Jackson was a pre-natal patient of the NorCal Perinatal Medical Group on January 26, 1998, the date she arrived at Universal Hospital. Ms. Jackson’s expected due date was February 2, 1998, so she was considered at full term for this delivery.
Ms. Jackson developed gestational diabetes during her pregnancy with George. Because Ms. Jackson had gestational diabetes, she was at greater risk for perinatal (near delivery) complications.
The standard of care in 1998 required a physician, whether attending or a resident, to be aware of a mother’s gestational diabetes and to understand the risks that it poses for the mother and for the child. The standard of care would also require the physician to more closely monitor the labor and delivery. (See Part 2 of 13.)
For more information you are welcome to contactSacramento personal injury lawyer, Moseley Collins.