Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this brain injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
Plaintiff Peter Greene’s Opposition to Demurrer of Defendant ABC Skilled Nursing Facility and Memorandum of Points and Authorities in Support
The Opposition will be based on the following:
1. Defendant has failed to properly deal with the content of the complaint in that the initial basis for the Demurrer is that Paragraphs 18-20 do not state sufficient facts. Defendant does not cite the court to Paragraph 17 which incorporates all of the facts stated in the First Cause of Action. Thus, no basis for the Demurrer has been stated.
2. Plaintiffs have pled sufficient facts, including a 10-hour delay in treating a patient with a head injury who was on anticoagulant therapy, was aged, and had suffered a stroke. Further, Plaintiff has pled that Defendant ignored direct orders of the forwarding physician that decedent be restrained to prevent exactly the situation that occurred. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
3. Defendant has confused pleading and proof in the motion. At this time, Plaintiffs have not requested punitive damages in order to meet the requirements of C.C.P. §425.13 and need not meet the pleading requirements of C.C.P. §3294 until the motion to amend the complaint is heard. Thus, the pleading is more than sufficient in view of the pleading of the willful and intentional acts contained in the complaint.
The present opposition will be based on the within Memorandum of Points and Authorities, the pleadings and papers in the files of the court and such other and further oral and documentary evidence as may be adduced at the hearing on the merits of the motion. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.