San Jose Woman Files Malpractice Lawsuit Against Local Surgeon, Part 1 of 8

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.)

Notice of Motion and Motion for Summary Judgment By Defendant, Owen Smith, M.D.; and Declaration of Ben Lee, M.D.

Defendant, Owen Smith, M.D, will move this Court for an order granting Summary Judgment in favor of defendant, Owen Smith, M.D. and against plaintiff, Anna Brown, in this medical malpractice action.

This Motion is made pursuant to California Code of Civil Procedure Section 437c and is based upon the grounds that Plaintiff’s Complaint has no merit and there is no triable issue as to any material fact warranting trial with respect thereto because this moving defendant met the standard of care and did not cause or contribute to the injuries claimed by Plaintiff.

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

Pursuant to Evidence Code Section 452, moving defendants request judicial notice of all pleadings and records in the Court file in this action.

This Motion will be based upon this Notice, the complete files and records of this action, the Separate Statement of Undisputed Material Facts filed concurrently herewith, the Memorandum of Points and Authorities attached to this notice and served and filed herewith, the Declaration of Ben Lee, M.D., and upon such further oral and documentary evidence as may be presented at the time of the hearing of this Motion. (See Part 2 of 8.)

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

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