Sacramento Man Files Medical Malpractice Suit Against Hospital, Part 1 of 10

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 lawsuit and its proceedings.)

Memorandum of Points and Authorities in Support of Defendant CMC’s Motion for Summary Judgment

This is an alleged wrongful death case surrounding the care and treatment rendered by defendant to plaintiff’s decedent David White, plaintiff asserts defendant was negligent in the post surgical management of plaintiff’s decedent leading to death caused by a urethra infection due to a misplaced Foley catheter. Moving defendant, The CMC, submits it motion for summary judgment supported by defendant’s expert, surgeon Dr James Chin, to the Court seeking judgment in its favor and against plaintiff on the grounds that there is no triable issue of material fact in that moving defendant did not breach the standard of care and did not cause or contribute to David White’s death.


On December 22, 2008, decedent David White, age 44 years, was brought by ambulance to County Medical Center with a stab wound to the left lateral neck. He was under the influence of alcohol. Mr. White was evaluated by trauma surgeon Dr. Daniel Black. Mr. White’s vital signs appeared stable with the pressure of 132/82, pulse rate of 110, respiratory rate of 24 with pulse ox of 100%. His blood alcohol level was 0.438, well above the legal limits.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Mr. White was prepared for surgery in order to assess and repair the stab wound to the neck. An endotracheal tube was placed to protect the airway and a #16 Foley catheter was inserted to decompress the bladder. Dr. Black performed the surgical repair of the stab wound to the neck on December 23, 2008. There were no complications. Mr. White remained intubated and was admitted to the intensive care unit with ETOH (alcohol) withdrawal protocol. (See Part 2 of 10.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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