Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury 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 medical malpractice lawsuit and its proceedings.)
Plaintiffs’ Motion in Limine to Prohibit Argument or Evidence of Defendant’s Grief, Sorrow or Remorse
PLEASE TAKE NOTICE that Plaintiffs will move this court in limine, before trial and selection of jury, for the following orders:
1. Prohibit testimony and argument of grief, remorse or sorrow by Defendant Green with respect to plaintiff following his birth.
This motion is made on the grounds that such evidence is not relevant to any issues presented in this action, and would be highly improper and prejudicial to Plaintiffs.
This motion is based upon this notice, the accompanying Memorandum of Points and Authorities, any documents already on file with this Court, and upon such other oral and documentary evidence as may be presented prior to or at the hearing of this matter.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
This is a medical negligence action involving the care and treatment provided to the plaintiff Amy Choo during thge course of her labor and delivery with the minor plaintiff Ellen Choo. Plaintiffs anticipate that defense counsel may improperly attempt to appeal to the trier of fact’s sympathy by eliciting testimony concerning any grief, sorrow or remorse by Defendant Paul Green, M.D., following the delivery of plaintiff in an unjustified effort to relieve the defendants from liability for Plaintiffs’ significant and permanent injuries.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The only issues for the trier of fact to decide are whether or not the Defendant breached the standard of care in providing medical care to plaintiffs; if said breach was a substantial factor in brining about harm or damage to plaintiffs; and the nature and extent of damages suffered by Plaintiffs. Evidence of defendant’s purported grief or sorrow is not relevant to the issues of this case. Hence, such evidence must be precluded at the time of trial. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.