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 birth injury lawsuit and its proceedings.)
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
This is a medical malpractice action arising from the birth of Sean Brown. Dr. Lee was only involved in the delivery of the infant on July 26, 2000. The action is brought by Sean Brown, a minor, by and through his mother and Guardian ad Litem, Randi Brown. Plaintiff alleges that Defendant negligently provided prenatal health care and treatment to Plaintiff in utero resulting in injuries to Plaintiff and damages. Plaintiff further contends that Defendant was negligent with respect to not offering reasonably safe alternatives to obstetric procedures during the labor and delivery of Plaintiff.
As set forth in the declaration of board-certified OB/GYN Hank Black, M.D., it is Dr. Black’s opinion that the care and treatment rendered to Sean Brown by David Lee, M.D., was within the standard of practice, and did not cause or contribute to any of his injuries.
The present Motion will also show that Plaintiff’s Complaint is time barred by the statute of limitations set forth in Code of Civil Procedure § 340.4. Pursuant to that code section, Plaintiff should have filed his Complaint on or before July 26, 2007, therefore, Plaintiffs instant Complaint is barred by the statute of limitations.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
RELEVANT EVIDENCE
Dr. Lee was only involved in the delivery of plaintiff, Sean Brown. He was not involved in the prenatal care of plaintiff. Randi Brown, Sean Brown’s mother, arrived at ABC Hospital in active labor at approximately 1:00 a.m. on July 26, 2000. Ms. Brown was examined. She presented at an advanced cervical dilation at 8 cm and was completely effaced. She rapidly progressed to complete and pushing.
The labor and delivery nurse documented that she called Dr. Lee and advised him of the status of Ms. Brown at 1:00 a.m. The nurse documented that Dr. Lee was at Ms. Brown’s bedside by 1:30 a.m. At 1:40 a.m., Dr. Lee delivered Sean Brown with Apgars of 5 and 9.
Dr. Lee documented that he encountered shoulder dystocia, and instituted the McRobert’s maneuver, suprapubic pressure, and the Wood’s maneuver, after which he delivered the posterior arm. These are the described and accepted measures as practiced in the specialty of Obstetrics and are considered the standard of care.
After delivery, Sean Brown’s right arm and hand were noted to be flaccid. Sean Brown was sent to the newborn nursery. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.