(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury 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.
Plaintiff Ana Black’s Memorandum of Points and Authorities in Opposition to Defendant Smith’s Intent to Elicit Improper Opinion Testimony from Richard Lee, M.D.
Plaintiff Ana Black, a minor, by and through her Guardian Ad Litem, Madeline Black, respectfully submits the following memorandum of points and authorities in opposition to Defendant Smith’s expressed intent to elicit expert opinions from Plaintiff’s expert, anesthesiologist Richard Lee, M.D., regarding the applicable standard of care for plastic surgeon Donald Goldberg, M.D., and the nursing staff of Memorial Hospital (hereinafter “MH”), and to opine regarding whether same complied with their applicable standard of care. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff’s expert, Richard Lee, M.D., is a highly qualified anesthesiologist. He is Board Certified in anesthesiology. He has a long history in this field, and the entirety of his practice of medicine has been limited to anesthesiology and pain medicine.
Dr. Lee is not a plastic surgeon or a nurse; he has never been board certified in either of these two fields. He has no education, residency or internship in these fields; he has never received any training in these fields, and has never worked in either field.
On March 17, 2008, Dr. Lee submitted a declaration in opposition to the Defendant’s summary judgment motion, in which he plainly states, I am not a surgeon and do not intend to express opinions regarding subjects fully within the field of surgery.
On March 24, 2008, Defendant Smith took his motion for summary judgment off calendar, thus no ruling was ever obtained regarding Dr. Lee’s declaration. (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.