Personal Injury Lawyer Blog
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 case and its proceedings.)
It is also 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, U.C. Davis Medical Center, Mercy, or Sutter.
INTRODUCTION cont.
On January 19, 2001, plaintiff commenced a medical malpractice action against the following defendants: Xavier Greene, M.D., XYZ Perinatal Group, and Universal Hospital. The Complaint contains the following causes of action:
(1) The First Cause of Action, on behalf of Mark Smith, Jr., alleges negligence as against various health care provider defendants. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
(2) The Second Cause of Action, on behalf of Abbey Smith, alleges negligence as against various health care provider defendants.
(3) The Third Cause of Action, on behalf of Abbey Smith, alleges a claim for negligent infliction of emotional distress, as against various health care provider defendants.
(4) The Fourth Cause of Action, on behalf of Mark Smith, Sr., the father of Mark Smith, Jr., alleged a claim for negligent infliction of emotional distress, as against various health care provider defendants.
(5) The Fifth Cause of Action, on behalf of Abbey Smith, alleges a claim for battery, as against various health care provider defendants.
(6) The Sixth Cause of Action, on behalf of Mark Smith, Jr., alleges a claim for battery, as against various health care provider defendants.
Plaintiffs subsequently amended the Complaint to name the following DOE defendants: Glen Hall, M.D., David Brown, M.D., Barbara White, M.D., and Donald Vasquez, M.D. Notably, Dr. Brown was identified as a DOE defendant on March 14, 2001.
As a matter of law, Dr. Brown is entitled to Summary Judgment as to all causes of action alleged by plaintiffs, Abbey Smith and Mark Smith, Sr., as such are barred by the statute of limitations. The alleged injury causing events occurred on or around February 21, 2001. As set forth below, as of the date that the complaint in this matter was filed, January 19, 2001, both Ms. Smith and Mr. Smith were aware of Dr. Brown’s identity as well as the extensive role that he played in Ms. Smith’s labor and delivery. Indeed, Dr. Brown is prominently identified throughout the medical records. However, plaintiffs did not amend their complaint to name Dr. Brown as a defendant in this action until March 14, 2001, nearly two months after the complaint was filed, and over one year after the alleged injury causing events occurred. (See Part 3 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.