The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
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, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse case and its proceedings.)
JFK HOSPITAL’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER TO STAY PROCEEDINGS UNTIL ARBITRATION IS COMPLETED
In his First Amended Complaint for Damages, Plaintiff Aaron Black sued defendant JFK Hospital (“JFK”) in connection with his pressure ulcers which were allegedly caused by the defendant’s alleged failure to provide him with adequate care and assistance beginning in the fall of 2007. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In accordance with an agreement Plaintiff made with JFK Hospital, and upon JFK’s motion, the Court ordered that Plaintiff and JFK arbitrate the matters raised in the First Amended Complaint for Damages against JFK. Since the Court’s order, Plaintiff has filed his Second Amended Complaint for Damages following the sustainment of JFK’s demurrer. Given that the matter to be arbitrated involves the same causes of action and alleged injuries (i.e., pressure ulcers) that plaintiff alleges against JFK in the Second Amended Complaint for Damages … ,
JFK now moves pursuant to Code of Civil Procedure ( C.C.P. ) Section 1281.4 that the Court impose a mandatory stay of the above-entitled action until the arbitration is completed. JFK also requests that discovery remain open in the interest of judicial economy and to avoid the necessity of the parties having to duplicate discovery in the two related actions. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.