(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
THE SECOND ACT OF NEGLIGENCE IS A SECOND CAUSE OF ACTION
Although Plaintiff suffered multiple injuries when Dr. Brown placed the original trocar in the iliac vein, the mesentery and the small bowel, which commutatively give rise to one general damage award of the $250,000 MICRA cap, Plaintiff suffered two totally separate injuries from potentially separate acts of negligence giving rise to a second and third $250,000 cap. Indeed had Plaintiff so chosen he could have brought a separate lawsuit for the injury to his abdominal aorta and for the left iliac vein. See (Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848,1854. Each time a separate and distinct wrongful act causes this injury a separate cause of action arises because a separate right has been violated.)
Defendants Garcia and Green’s own expert, Dr. Richard Davis testified at deposition there are two separate and distinct injuries. (See Deposition of Dr. Richard Davis, page 51, lines 17-21, attached hereto as Exhibit 1. ) Dr. Davis further testified that the injury to Plaintiff’s bifurcation of the aorta could not have been present during the June 16th surgery because Dr. Garcia would have been able to see it. (See Deposition of Dr. Richard Davis.) Plaintiff has separate causes of action for each injury and therefore separate damage limitations. Plaintiff will ask the jury to award him S750,000 in general damages for medical malpractice.
As discussed above, the type of injuries suffered by Plaintiff do not occur in the absence of negligence. It is undisputed, even by defendants own experts that one, some, or all, of the defendants caused Plaintiff’s injuries.
Dr. Hank Spring, who was retained by Dr.Brown testified at deposition:
Q: So more probable than not that an instrumentality under the exclusive control of Dr. Brown, Dr. Garcia, Dr. Green or Dr. O’Connor caused the injury to the bifurcation of the aorta, correct?
A: Yes. (See Part 6 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.