Sacramento Physicians Fall Below Standard Of Care In Wrongful Death Lawsuit, Part 10 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.)

The standard of requiring proof within a reasonable medical probability for proximate cause has been repeatedly upheld. See Alef, v. Alta Bates Hospital (1992) 5 Cal.App.4th 208, 216; Simmons v. West Covina Medical Clinic (1989) 212 Cal.App.3d 696, 704; Dumas v. Cooney (1991) 235 Cal.App.3d 1593, 1603; Bromme v. Pavitt (1992) 5 Cal.App.4th 1487, 1498. Plaintiff cannot recover unless it can be shown that the injuries were, more probably that not, caused by a negligent act or omission of the defendant, and this must be established by testimony from a competent medical expert.

The accompanying declaration of James Chin demonstrates his competency to opine as a board certified surgeon expert as well as his opinion to a reasonable medical probability that no act or omission to act caused by moving defendant caused or contributed to David White’ death. Dr. Chin has opined to a reasonable medical probability, that The CMC’s attending surgeons and Dr. Daniel Black did not cause or contribute to David White’s death.

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

The autopsy report notes the cause of death was due to sepsis due to inflammation and abscess formation of the penile urethra due to misplaced Foley catheter balloon. Insertion and monitoring of Foley catheters is not usually performed by physicians unless the physician is contacted to assist with such placement and or problems. The medical records do not reflect that there were any requests for any physician to assist with insertion or monitoring of the Foley catheter until January 2, 2009, when notified of the sediment in the urine and green penile discharge. As stated in the declaration of Dr. Chin, the attending surgeons including Dr. Daniel Black acted within the standard of care when contacted about the green penile discharge and sediment in the urine. The attending surgeons then instituted further intervention to treat Mr. White but they were unable to save him.

Defendant has met the burden of proof as to causation, and the opinion of James Chin, M.D., is sufficient to shift the burden of proof under Code of Civil Procedure section 437 ( c ) ( p) (2) so as to require plaintiff to provide competent expert testimony to the contrary. Once the moving party has met its burden, the opposing party must produce admissible evidence to overcome the motion for summary judgment. The party opposing a motion for summary judgment has the affirmative duty to show that “triable issues of fact exist.” Leo F. Piazza Paving Company v Foundation, et al (1981) 128 Cal. App. 3 d 583, 590.


Based upon the foregoing, defendant respectfully requests the Court grant defendant’s Motion for Summary Judgment and enter Judgment against plaintiff.

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

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