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.

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.

(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.)

The remainder of Ms. Smith's pregnancy was completely uneventful. The balance of her prenatal course was normal with the patient matching fundal height with gestational age.

On December 13, 2008, Ms. Smith had an spontaneous rupture of membranes. There were no uterine contractions following the rupture of membranes. The plaintiff was advised of the risk of infection due to prolonged rupture of membranes. The plaintiff opted to go to the hospital approximately six hours after her membranes ruptured. Ms. Smith was started on Pitocin augmentation. With Pitocin augmentation, the fetal heart rate showed decreased variability. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The plaintiff was advised to have a cesarian section which she agreed to and the infant was delivered by Dr. Brown during the early morning of December 14, 2008. Following his birth, the minor plaintiff was diagnosed with hemimeganencephaly, which is an enlargement of one cerebral hemisphere. All experts are in agreement that this is a very rare congenital malformation.

Continue reading " Sacramento Boy Born With Enlarged Cerebral Hemisphere Due To Malpractice, Part 3 of 8 " »

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.

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.

(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.)

STATEMENT OF FACTS

Plaintiff Nancy Smith was initially seen at Women's Health Group by Stanley Woo, M.D., on July 21, 2008. Ms. Smith reported a last menstrual period of March 24, 2008, and an estimated delivery date of December 31, 2008. Ms. Smith received her initial prenatal care at California Medical Center by Eric Goldberg, M.D., in Sacramento in May 2008.

At the initial prenatal visit, Dr. Woo noted Ms. Smith to be 16.2 weeks pregnant. On this visit, Dr. Woo performed an ultrasound to document a single viable intrauterine fetus. This was not a fetal anatomic ultrasound and thus no measurements were taken. Further, the testimony by defendants' experts will be that no measurements were required by the standard of care. Further, all experts agree that if measurements had been taken, they would have essentially shown a normal fetal anatomy. Additionally, all experts are in agreement that the defendants were not required by the standard of care to perform an ultrasound. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

At the initial office visit, blood was drawn for AFP screening. The test results were received on or about July 30, 2008, and were negative for open neural tube defects, Down's Syndrome, and trisomy 18. There was also no history of neural tube defects in the family. The plaintiffs were informed of the results on or about August 5, 2008.

Continue reading " Sacramento Family Files Malpractice Suit After Doctors Fail To Prevent Birth Injuries, Part 2 of 8 " »

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.

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.

(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.)

DEFENDANTS ELIZABETH BROWN, M.D., STANLEY WOO, M.D., AND WOMEN’S HEALTH GROUP’S TRIAL BRIEF (PRE-TRIAL REPORT)

INTRODUCTION

The instant action is one for medical malpractice, wrongful life and wrongful birth brought on behalf of the plaintiffs, Nancy Smith, Thomas Smith, and minor plaintiff Nicholas Smith, by and through his Guardian Ad Litem, Nancy Smith, for the failure to diagnose multiple congenital anomalies prenatally during ultrasounds performed on July 21, 2008, by defendant Stanley Woo, M.D., and August 11, 2008, by defendant Elizabeth Brown, M.D.

Plaintiffs allege that Drs. Woo and Brown failed to properly perform the ultrasounds by failing to obtain measurements. Plaintiffs allege that had the congenital anomaly that the plaintiff Nicholas Smith was born with, known as hemimeganencephaly, been diagnosed, plaintiffs Nancy Smith and Thomas Smith would have aborted the pregnancy and the minor plaintiff Nicholas Smith would not have been born. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The evidence will show that both Dr. Woo and Dr. Brown met the standard of care regarding the ultrasounds performed, both of which were limited ultrasounds and they were not required to evaluate the anatomy of the baby.

Continue reading " Sacramento Physicians Negligently Fail To Diagnose Multiple Congenital Conditions Before Birth, Part 1 of 8 " »

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.

(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.)

WHETHER ANY OF THE DEFENDANTS HAVE OR HAVE NOT BEEN SUED FOR PROFESSIONAL NEGLIGENCE IS NOT RELEVANT IN THIS ACTION

The only issue properly before the court and the trier of fact is whether or not the defendants breached the standard of care to these patients; whether or not said breach was a substantial factor in causing injury or damage; and the extent of that injury/damage. It is of no consequence that this case may, or may not be, the first in either of these individual defendants' career in obstetrics.

Comments, suggestions, or innuendo that defendants are good obstetricians or because of a non-existent lawsuit history will only serve to prejudice the jury against plaintiffs, confuse the issues and allow for the potential for jury speculation, rather than focusing on the evidence. Like evidence of good "conduct" or good "character," such comments, evidence or argument, is improper because it asks the jury to violate the law and their oath to judge the case based on the evidence presented to them and without regard to sympathy for any party. While such propaganda can be cleverly worded and disguised in its presentation, it is still inadmissible and improper and should not be allowed by this court. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

EVIDENCE CODE § 352 MANDATES EXCLUSION OF SUCH EVIDENCE, AS IT WOULD RESULT IN UNDUE PREJUDICE TO PLAINTIFFS, CONFUSION OF THE ISSUES, AND WOULD MISLEAD THE JURY SUCH THAT ITS PREJUDICIAL EFFECT OUTWEIGHS ITS PROBATIVE VALUE

This Court has the discretion to exclude prejudicial evidence. California Evidence Code § 352 provides that:

Continue reading " Sacramento OB/GYNs Sued For Causing Birth Injuries, Part 2 of 2 " »

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.

(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.)

Plaintiffs' Motion in Limine to Prohibit Argument or Evidence to Suggest That This is the Only Time the Defendant(s) Have Been Sued for Malpractice

Plaintiffs will move this court in limine, before trial and selection of jury, on the grounds that any such evidence is not relevant to any issues presented in this action, and would be highly improper and prejudicial to Plaintiffs.

This motion is based upon this notice, the accompanying Memorandum of Points and Authorities, any documents already on file with this Court, and upon such other oral and documentary evidence as may be presented prior to or at the hearing of this matter.

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

Plaintiff Nicholas Smith, a minor by and through his guardian ad litem, Nancy Smith, in the instant personal injury lawsuit seeks damages for devastating permanent personal injuries sustained during the course of his gestation in this birth injury action. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins

Plaintiffs anticipate that defense counsel may improperly attempt to inform the jury that this case is the first and only medical malpractice claim filed against the defendants. (See Part 2 of 2.)

Continue reading " Sacramento Family Files Suit For Injuries Sustained During Son's Birth, Part 1 of 2 " »