Sacramento Family Files Wrongful Death Suit Against Hospital, Part 1 of 13

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, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)

Plaintiff’s Opposition to Defendant David Hall’s Motion for Summary Judgement; Memorandum of Points and Authorities in Support Thereof. (CCP § 437c)

This opposition is based on the grounds that the care and treatment provided by defendants was below the standard of care, caused harm, and that triable issues of material fact exists mandating denial of the Motion for Summary Judgment.

These papers will be based upon this Opposition; the attached Memorandum of Points and Authorities; the Separate Statement of Disputed and Undisputed Material Facts; the Declaration of John Brown, M.D.; the Declaration of Michael Jones, Esq.; upon all of the pleadings, papers and files in this matter; and upon such other and further evidence as may be presented at the time of the hearing of this matter.


This is a medical malpractice case. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Decedent, Kim Smith developed pregnancy related cardiomyopathy in 2004 and was fitted with a AICD (Automatic Implantable Cardioverter Defibrillator). She had three children – aged 3, 9 and 12 years.

On November 8, 2008, decedent had surgery at Memorial for replacement of the defibrillator (surgeon Phillip White). She apparently had infection following this surgery and was readmitted December 20-22, 2008. Discharge diagnosis was “left chest cellulitis at site of AICD with a culture positive for pseudomonas aeruginosa.” (See Part 2 of 13.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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