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, or Sutter.
(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.)
OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 13 PROHIBITING DEFENDANTS FROM ATTEMPTING TO BLAME THE US MILITARY, THE ARMY, THE DEPARTMENT OF DEFENSE OR WAR OVERSEAS FOR CONTRIBUTING TO MR. HILL’S DEATH
INTRODUCTION
Plaintiff seeks to exclude all reference to any role that the military may have played in David Hill’s death. Plaintiff refers to Evidence Code section 352, arguing that the probative value of such information is outweighed by the potential prejudice that may ensue if the evidence is revealed at trial. Defendants maintain that Mr. Hill’s service in the military caused or contributed to his mental health issues and such information is therefore relevant to the case and integral to Defendants’ affirmative defense of pre-existing condition and causation. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
FACTS
Decedent David Hill was not only diagnosed with post-traumatic stress disorder (PTSD), but was also placed on a previous psychiatric hold by the US Military just a month prior to his elopement from Sacramento Medical Center. Despite this recent history of mental health issues, Mr. Hill was released to full duty, sent to California (his home was in Arizona) to train other soldiers.
Mr. Hill took an overdose of Wellbutrin on February 23, 2008, and was taken to Sacramento Medical Center where he was placed on a “1799” behavioral health temporary hold by emergency room physician Stephen Brown. Military psychiatric records produced by Plaintiff in the course of discovery indicate that Mr. Hill was traumatized by his various tours of duty and did not want to be deployed again. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.