The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/medical malpractice case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
This Motion For Summary Judgment will be made upon the grounds that there are no triable issues of material fact in this action in that the medical care and treatment rendered by defendant Stuart White, M.D. to minor plaintiff Amy Brown complied, at all times, with the applicable standard of care. Moreover, the care and treatment provided by defendant in no way caused or contributed to plaintiffs’ alleged injuries and damages.
In addition, defendant provided emergent treatment to plaintiff Amy Brown, at the scene of the emergency at the defendant hospital. As such, defendant cannot be liable for plaintiffs’ damages pursuant to California’s Good Samaritan Law, California Business & Professions Code § 2395 and § 2396.
Defendant Stuart White, M.D. is, therefore, entitled to judgment as a matter of law. (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444