Sacramento Birth Injury Lawyer Blog

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please 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.)

It is also worth noting that situations similar to those described in this birth 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, or Sutter.

As such, with trial likely to occur in the next six to nine months, defendants have been severely prejudiced by plaintiffs' inappropriate conduct including the following: (1) defendants have been unable to ascertain plaintiffs' specific contentions/allegations; (2) defendants have been unable to identify subsequent treating doctors so that they may subpoena such records, keeping in mind that it will take an additional 30-45 days to obtain these records once subpoenas are issued; and (3) while defendants can retain, at least, some experts, they will be unable to obtain complete expert opinions until the experts are allowed to review all records. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Code of Civil Procedure §36 provides, in pertinent part, the following:

(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under the age of 14 years unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.

Continue reading " Sacramento Parents Seek Trial Preference In Son's Birth Injury Case, Part 4 of 4 " »

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please 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.)

It is also worth noting that situations similar to those described in this birth 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, or Sutter.

When responses were not forthcoming, by letter dated May 22, 2002, counsel for these responding defendants requested that plaintiffs' counsel provide responses to the outstanding discovery responses by May 29, 2002. In said letter, counsel for responding defendants further indicated that given plaintiffs' pending motion for trial preference, it was imperative that these severely outstanding responses be provided posthaste. While plaintiffs' counsel again requested, and was granted, another extension of time, until June 1, 2002, to provide responses, no responses were forthcoming. As such, it is disingenuous for plaintiffs to request trial preference in a highly complex action involving extensive damages when they have impaired defendants' ability to conduct even basic discovery necessary to evaluate this action and to prepare for trial. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Parents Of Birth-Injured Sacramento Child File Medical Malpractice Suit, Part 3 of 4 " »

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please 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.)

It is worth noting that situations similar to those described in this birth 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, or Sutter.

This is a complex medical malpractice and birth injury action, involving numerous issues pertaining to prenatal and neonatal care, with allegations of catastrophic injury. Indeed, this action involves three distinct plaintiffs, comprised of the infant and his two adult parents, each of whom has claims which will require extensive work-up for purposes of evaluation and trial preparation. Given the nature of the allegations, it is expected that plaintiffs will be claiming several million dollars in damages. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

However, while defendants have acted expeditiously in recognition of the complexity of the issues presented in this matter, their efforts to do so have been severely impeded by these same plaintiffs who are now seeking a preferential trial setting. Indeed, despite the fact that these responding defendants served initial written discovery on February 27, 2002, to date, nearly four months later, plaintiffs have failed to provide any responses thereto. Plaintiffs' repeated failure to respond to discovery has required defendants to file Motions to Compel.

Continue reading " Sacramento Boy Suffers Birth Injuries Due To Malpractice, Part 2 of 4 " »

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please 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.)

It is worth noting that situations similar to those described in this birth 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, or Sutter.

Response of Defendants, Mark Davis, M.D., Glenn Hall, M.D., and Universal Perinatal Group, to Plaintiffs' Motion for Trial Preference; Memorandum of Points and Authorities

MEMORANDUM OF POINTS AND AUTHORITIES

PLAINTIFFS ARE SEEKING A PREFERENTIAL TRIAL SETTING AS ONE OF A NUMBER OF STRATEGIC MANEUVERS DESIGNED TO IMPEDE DEFENDANTS AND PREJUDICE THEIR ABILITY TO PROPERLY PREPARE THIS MATTER FOR TRIAL.

This is an action for medical malpractice and intentional tort (battery) arising out of the care and treatment rendered to co-plaintiff, Kristy Smith, during the course of her pregnancy with, and during the delivery of minor plaintiff, Owen Smith. This action also appears to be based on the care and treatment rendered to the infant immediately following his birth. With respect to the infant, plaintiffs are alleging that he suffers from severe and catastrophic neurological deficits as a result of defendants' alleged negligence. Plaintiffs, Wesley Smith and Kristy Smith, are also alleging a cause of action for emotional distress. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Sacramento Parents Of Birth-Injured Child File Suit, Part 1 of 4 " »