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 wrongful death action and its proceedings.)
Steven White, M.D.
Defendants anticipate that plaintiffs will attempt to introduce similar testimony from Dr. Steven White, who is an internist/infectious diseases physician, not an emergency physician. At deposition, Dr. White opined that Dr. Gold did not evaluate the patient quickly enough upon his arrival at Universal and that this delay was below the standard of care. However, Dr. White admitted that he has never worked as an emergency medicine physician at any facility during his career. (Deposition of Dr. White) Thus, Dr. White’s opinion testimony relative to the standard of care for an emergency room physician should be excluded at trial pursuant to Section 1799.110.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
EVIDENCE CODE SECTION 352 ALLOWS THE COURT TO PRECLUDE PLAINTIFFS FROM INTRODUCING THIS EVIDENCE AT TRIAL
Evidence Code Section 352 provides that evidence may be excluded if its probative value is substantially outweighed by the probability that its admission will … create substantial danger of undue prejudice … or of misleading the jury. Here, it cannot be disputed that any reference to the phantom prior incidents will unduly prejudice the defendants.
It is clear that the introduction of improper medical opinion testimony from plaintiffs’ medical experts will both unduly prejudice the defendants and mislead the jury. Thus, the Court should grant the subject motion and preclude the introduction of that evidence at trial.
CONCLUSION
In light of the foregoing, defendant University Hospital respectfully requests the Court grant the subject motion and preclude plaintiffs from introducing any medical opinion testimony or evidence relative to the treatment and care provided by emergency department physicians to decedent David Hall, Jr., at the Universal facility during his admission to that facility on August 11 and 12, 2008. Plaintiffs have not designated any qualified experts to testify relative to these issues. As discussed in the motion, Drs. Li and White should be precluded from testifying on emergency physician standard of care issues.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.