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.)
PLAINTIFF CANNOT PROVIDE EVIDENCE TO RAISE A TRIABLE ISSUE OF MATERIAL FACT AS TO THE CAUSE OF ACTION FOR MEDICAL NEGLIGENCE
In order to prevail on a cause of action for medical negligence, a plaintiff must prove that the defendant was negligent by acting below the applicable standard of care, and that this negligence was a cause of plaintiff’s claimed injuries and damages. If the plaintiff cannot prove both of these elements, she cannot maintain a cause of action for medical negligence.
As will be demonstrated, Dr. Black, acted within the applicable standard of care and his actions did not cause nor contribute to plaintiff’s claimed injuries and damages. Should this Court grant Summary Judgment on either or both grounds, plaintiff’s cause of action must fail.
The Issues Of Medical Negligence And Causation Can Only Be Determined By Expert Testimony
In a medical malpractice action, the plaintiff must prove two things in order to prevail. The plaintiff must first prove that the defendant’s actions fell below the applicable standard of triable issue of material fact as to the standard of care rendered by defendants, Summary Judgment must be granted in Dr. Black’s favor.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant’s Care And Treatment Of Plaintiff Was Not The Cause Of Any Injury Or Damage To Plaintiff
In order to prove causation, the plaintiff must demonstrate that she has sustained some injury or damage that was caused by the defendant’s wrongful act or neglect; that is; the wrongful act or neglect was a cause in fact of the injuries. (Mitchell v. Gonzales (1991) 54 Cal.3d 1041.) The plaintiff must prove that the defendant’s alleged malpractice caused the injury or damage. (Bolen v. Woo (1979) 96 Cal.App.3d 944, 953.)
To accomplish this, plaintiff must present competent, expert testimony that the injury or damage occurred was, to a reasonable degree of medical probability, caused by the malpractice of the defendant. (Bromme v. Pavitt, supra, 5 Cal.App.4th at 1499; Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal. App.3d 396, 402.) (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.