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 personal injury lawsuit and its proceedings.)
In the instant matter, plaintiff cannot sustain this burden of proof. The actions of Dr. Black, were not the cause of plaintiff’s claimed injury and damages. The Declaration of Donald Smith, M.D. provides substantial expert evidence that Dr. Black’s actions were not causally connected to plaintiff’s alleged injuries. The second required element to sustain a cause of action for medical negligence cannot be proven. As a matter of law, the care and treatment rendered by Dr. Black, was not below the standard of care, nor was defendant’s care and treatment the cause of plaintiff’s claimed injury and damages, and summary judgment must be granted.
In A Medical Malpractice Action, The Party Presenting Uncontradicted Expert Testimony Must Prevail
Where a defendant’s expert testimony is uncontradicted, there is no triable issue of fact for the jury to consider, and the defendant must prevail as a matter of law. (Willard v. Hagenmeister, (1981) 121 Cal.App.3d 406, 412.) The court in Willard described the preemptive effect of expert testimony in a malpractice action:
“Expert evidence in a malpractice suit is conclusive as to the proof for the prevailing standard of skill and learning in the locality and of the propriety of particular conduct by the practitioner in particular instances because such standard and skill is not a matter of general knowledge and can only be supplied by expert testimony.” (Id.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In the present matter, the expert Declaration of Donald Smith, M.D. establishes that there is no triable issue of material fact with regard to the care and treatment rendered by Dr. Black, nor is there a triable issue of material fact with regard to Dr. Black causing or contributing to any injury or damage to plaintiff. Where the plaintiff fails to submit qualified expert testimony to the contrary, summary judgment must be entered in favor of the defendant.
CONCLUSION
Plaintiff cannot provide this Court with any competent, admissible evidence raising a triable issue of material fact that Dr. Black, is liable to plaintiff in her claim for medical negligence. At all times Dr. Black acted within the appropriate standard of care and his care and treatment was not a cause of the claimed injury or damage. Summary judgment must be granted in favor of the defendant Jonathan Black, M.D.
WHEREFORE, defendant Jonathan Black, M.D, prays that this Motion be granted and that judgment be entered in his favor against plaintiff plus costs, as taxed.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.