(Please 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.)
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, Sutter, or any skilled nursing facility.
Defendant Owen Hill, M.D.’s Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support
Pursuant to Section 437c of the California Code of Civil Procedure, this summary judgment motion is brought on the grounds that there is no genuine issue of material fact and that Defendant is entitled to judgment as a matter of law. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
This motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Separate Statement of Undisputed Facts, all documents on file herein, and upon such other argument or evidence as may be presented to the Court at or prior to the hearing on this motion.
MEMORANDUM OF POINTS AND AUTHORITIES
On April 14, 2008, Plaintiff David Brown filed a Complaint against Defendant Owen Hill, M.D., along with co-defendant Regional Medical Center (“RMC”). The complaint purports a cause of action for medical negligence against both defendants regarding his emergency room presentation at the hospital on April 18, 2006. Specifically, Plaintiff contends that “Defendants’ actions were a violation of [S]ection 5150 of the Welfare and Institutions Code.” Plaintiff further contends that Defendants failed to “give a complete diagnosis, to inform Plaintiff of his condition and to treat Plaintiff while defendants had Plaintiff in their care and custody.”
Defendant submits the declaration of Gary Johnson, M.D., in support of the position that Defendant complied with the standard of care and did not cause Plaintiff’s alleged injuries. Further, Plaintiff fails to present evidence showing that Defendant breached the requisite standard of care and caused Plaintiff’s alleged injuries. As such, no triable issue of material fact exists in this action and Defendant is entitled to summary judgment as a matter of law. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.