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 medical malpractice/brain injury 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.
In the instant action, plaintiff alleges that defendant Dr. White committed professional negligence in and around May 25, 1999, at co-defendant XYZ Hospital, by failing to timely diagnose and treat plaintiff Amy Brown respiratory difficulties, causing her to suffer further hypoxic brain injury. However, plaintiffs cannot produce any competent medical testimony to substantiate that allegation.
As stated in his declaration, Dr. White timely determined that Amy Brown’s endotracheal tube was obstructed, and re-intubated her appropriately. Further, Dr. White’s determination that Amy Brown’s ventilator was potentially malfunctioning, and subsequent replacement of said ventilator, was performed in a timely manner and appropriately. As set forth in Dr. White’s declaration, his care and treatment of plaintiff Amy Brown in no way, caused or contributed to plaintiffs’ injuries. Accordingly, if plaintiffs cannot provide expert support to substantiate their allegation that defendant actually caused their alleged injuries and damages, their action must fail.
CALIFORNIA’S GOOD SAMARITAN LAW PROVIDES THAT A PHYSICIAN SHALL NOT BE LIABLE FOR EMERGENCY CARE PROVIDED TO A PATIENT AT THE SCENE OF AN EMERGENCY
California Business & Professions Code §§ 2395 provides: No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
The scene of an emergency as used in this section shall include, but not be limited to, the emergency rooms of hospitals in the event of a medical disaster. Medical disaster means a duly proclaimed state of emergency or local emergency declared pursuant to the California Emergency Services Act. (See Part 8 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.