Personal Injury Lawyer Blog
It is 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, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
ALLEGATIONS
Plaintiff contends that Dr. Hall’s surgeries and follow-up care fell below the standard of care and were the cause of her injuries and that she suffered pain as a result of two unnecessary surgeries performed by Dr. Hall on January 27, 2009 and May 28, 2009. However, plaintiff herself has stated that after the November 2005 total left knee replacement by Dr. Lee, she has made a complete recovery and healed well. Presently, she experiences very little pain other than pain she characterizes as consistent with her age.
As stated above, the defendants have designated an expert who will testify on the issue of causation. These experts will opine that plaintiff has not been injured by any action, or claimed inaction, by the defendants.
The Defendants’ Alleged Medical Negligence Was Not The Proximate Cause Of The Plaintiffs Injuries.
If a result to a patient would have occurred in the ordinary course of events anyway and independently of anything done or not done by a physician, the result cannot be said to have been caused by the physician. (Huffman v. Lindquist (1951) 37 Cal.2d 465, 479; Deckard v. Sorenson (1960) 177 Cal.App.2d 305, 308; Bennett v. Los Angeles Tumor Institute (1951) 102 Cal.App.2d 293, 296 and Frantz v. San Luis Medical Center, supra.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Both medical evidence and expert testimony will be available to the jury to support that the defendants’ care and treatment rendered to plaintiff was not a cause of any current complaints. (See Part 8 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.