Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)
CLAIMED INJURIES
According to Defendant: Death.
CLAIMED DAMAGES
According to Defendant: Plaintiffs did not claim any economic damages. Plaintiffs’ attorney argued for approximately $1.7 million for loss of comfort, society, companionship, etc.
SETTLEMENT DISCUSSIONS
According to Defendant: Plaintiffs demanded $1 million from all defendants. Defendants offered, pursuant to CCP § 998, a waiver of costs in exchange for a dismissal.
COMMENTS
According to Defendant: Judge granted a nonsuit to all defendants on the “Elder Abuse” cause of action after plaintiffs rested. However, he did allow plaintiffs to amend their complaint to conform to proof to allege “medical battery” against Dr. Haim only. However, he also ruled that he would not allow an allegation of entitlement to punitive damages. The patient’s grandson, son of plaintiff Sasha Jimerson, was his caregiver. He was being paid by “In Home Social Services” for the care and often would leave decedent for days on “paydays.” There had been multiple visits to the home by Adult Protective Services (“APS”), but no charges were brought. Dr. Reason became aware (after the patient’s admission to ABC) of the investigation and was interviewed by detectives before the patient died. The patient’s entire family, including Sasha Jimerson, was implicated. After the patient died, APS declared the death a coroner’s case and advised Dr. Reason not to sign a death certificate or otherwise indicate a cause of death in the hospital chart. After autopsy, the coroner declared the death a “homicide” and opined that, although the patient died from complications of hip surgery, that would not have occurred had he not been abused by his caregiver.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
There were multiple pre-surgical nursing notes documenting the grandson’s presence in the hospital and his attempt to take decedent home against medical advice. On one occasion, he was so disruptive he had to be removed from the hospital by security. Late in 2011, the grandson pled guilty to charges of elder abuse and is now in state prison. For various reasons, none of the above was disclosed to the jury. The jury only knew about the abuse allegations from the documentation in the ER records.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.