Sacramento Birth Injury Lawyer Blog

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, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

THE CARE AND TREATMENT RENDERED BY DR. LEE DID NOT CAUSE OR CONTRIBUTE TO PLAINTIFFS' INJURIES

In California, the substantial factor test defines the scope of conduct subject to liability, i.e., conduct which is a cause in fact of a plaintiff's claimed injury or harm. That test was set forth in Mitchell v. Gonzales (1991) 54 Cal.3d 1041. A cause of injury, damage, loss or harm is something that is a substantial factor in bringing about an injury, damage, loss or harm. (Id. at 1052-1053.)

The element of causation is satisfied in a medical malpractice case when a plaintiff produces sufficient evidence to allow the jury to infer that in the absence of the defendant's negligence, there was a reasonable medical probability the plaintiff would have obtained a better result. (Alef v. Alta Bates Hospital (1992) 5 Cal.App. 4th 208, 216.)

Plaintiffs cannot prove medical causation. Dr. Black's opinion is to a reasonable degree of medical probability that none of the actions or inactions by Dr. Lee caused or contributed to any injury claimed by the minor plaintiff, Sean Brown.

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

Continue reading " Medical Malpractice By Sacramento OB/GYN Causes Birth Injuries, Part 4 of 6 " »

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, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

THE CARE AND TREATMENT RENDERED BY DAVID LEE, MD, WAS WITHIN THE APPLICABLE STANDARD OF PRACTICE

Plaintiff essentially contends that Dr. Lee failed to properly deliver Sean Brown, resulting in an Erb's palsy. In order for plaintiff to hold Dr. Lee liable for medical malpractice, plaintiffs must establish the applicable standard of care and the defendant's breach of that standard.
The declaration of board-certified OB/GYN, Hank Black, M.D., and supporting evidence filed herewith, establish that Dr. Lee complied with the requisite standard of care. Because plaintiff's contentions against Dr. Lee clearly involve actions not within the common knowledge of laymen, the standard of care must be decided on the basis of expert testimony. Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.

Based on the medical evidence, Dr. Black's opinion is that David Lee, M.D., complied with the standard of care regarding the care and treatment she rendered to Sean Brown.

Dr. Black's opinions are supported by the medical evidence. The evidence reflects that Ms. Brown came into the hospital in active labor. Dr. Lee was contacted at 1:00 a.m. and arrived by 1:30 a.m. Shoulder dystocia was encountered and properly handled by Dr. Lee resulting in the delivery of a live baby boy, Sean Brown.

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

Continue reading " Improper Delivery Of Sacramento Boy Leads To Birth Injuries, Part 3 of 6 " »

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, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

This is a medical malpractice action arising from the birth of Sean Brown. Dr. Lee was only involved in the delivery of the infant on July 26, 2000. The action is brought by Sean Brown, a minor, by and through his mother and Guardian ad Litem, Randi Brown. Plaintiff alleges that Defendant negligently provided prenatal health care and treatment to Plaintiff in utero resulting in injuries to Plaintiff and damages. Plaintiff further contends that Defendant was negligent with respect to not offering reasonably safe alternatives to obstetric procedures during the labor and delivery of Plaintiff.

As set forth in the declaration of board-certified OB/GYN Hank Black, M.D., it is Dr. Black's opinion that the care and treatment rendered to Sean Brown by David Lee, M.D., was within the standard of practice, and did not cause or contribute to any of his injuries.

The present Motion will also show that Plaintiff's Complaint is time barred by the statute of limitations set forth in Code of Civil Procedure § 340.4. Pursuant to that code section, Plaintiff should have filed his Complaint on or before July 26, 2007, therefore, Plaintiffs instant Complaint is barred by the statute of limitations.

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

Continue reading " Sacramento Hospital Sued For Boy's Birth Injuries, Part 2 of 6 " »

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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 birth injury lawsuit and its proceedings.)

Defendant David Lee, M.D.'s, Notice of Motion and Motion for Summary Judgment, pursuant to Code of Civil Procedure § 437c, as to Plaintiff Sean Brown’s Complaint.

This Motion is brought on the grounds that the complaint has no merit as to moving defendant; further, no act or omission to act by Dr. David Lee caused or contributed to any injuries or damages alleged by plaintiff.

In the alternative, Defendant David Lee will move for summary adjudication, pursuant to Code of Civil Procedure § 437c, subd. (f), as to the following claim set forth in Plaintiffs Complaint on the following grounds:

Issue Number One: Timeliness of Plaintiff's Complaint

Plaintiffs Complaint has no merit because Plaintiff fails to establish the elements necessary for a timely medical malpractice claim for personal injuries sustained before or in the course of birth. Pursuant to Code of Civil Procedure § 340.4, Plaintiff, born on XX/XX/2001, should have filed his Complaint on or before July 26, 2007, in order to be considered timely. The complaint was not filed until October 22, 2007.

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

Continue reading " Family Sues Sacramento Doctor For Birth Injuries To Son, Part 1 of 6 " »