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, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
DEFENDANT’S CONTENTIONS
The care and treatment provided by Dr. Smith at all times complied with the applicable standard of care in the community and there was nothing that Dr. Smith did or failed to do that caused, contributed to, or was a substantial factor in any injury alleged by plaintiff. The surgeries by Dr. Smith, follow up care, recommendations and treatment were appropriate and within the standard of care. Plaintiff had pre-existing complaints including complaints of the left upper extremity due to prior surgeries. Additionally, plaintiff was totally disabled prior to the ATV accident on December 22, 2008.
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.
Defendant further contends that plaintiff’s tests indicate that there is no objective cause for her symptoms. However, assuming that she does have complex regional pain syndrome, it was not caused, contributed to or aggravated by anything which Dr. Smith did or failed to do. This condition can occur with any type of trauma, including the trauma sustained by plaintiff on December 22, 2008, and it is a condition which occurs in the absence of negligence.
THIS MOVING DEFENDANT, OWEN SMITH, M.D, MET
THE APPLICABLE STANDARD OF CARE
The declaration of Ben Lee, M.D., establishes that this moving defendant complied with the applicable standard of care in his care and treatment of plaintiff, Anna Brown. The declaration of Ben Lee, M.D., effectively demonstrates that none of plaintiff’s claims against this moving defendant has any merit. It establishes that plaintiff’s alleged injury was not caused by this defendant.
The conduct of a healthcare provider defendant in a medical malpractice action is judged by reference to the applicable standard of care in the relevant medical community. A healthcare provider is required only to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by a member of the medical profession under similar circumstances. (Munro v. Regents of the University of California [1989] 215 Cal App. 3d 977, 983-84 [citations omitted]).
In Landeros v. Flood, (1976) 17 Cal.3d 399, the Supreme Court determined that the standard of care against which the acts of professionals are measured is a matter exclusively within the knowledge of experts. Therefore, defendant’s compliance with the standard of care must be established via expert testimony.
In compliance with Landeros v. Flood defendant has submitted the declaration of Ben Lee, M.D., which establishes that this moving defendant complied in all particulars with the applicable standard of care. (See Part 7 of 8.)
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.