Kaiser Medical Malpractice Lawyer Blog

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 personal injury lawsuit and its proceedings.)

In sum, the facts presented at trial, which were not rebutted by any substantial evidence, showed that Plaintiff entered the hospital with an intact foot in which all the bones and joints, except for the navicular, were free of fractures and dislocations. The admitting x-ray established this. After a week of hospitalization under the exclusive care of Defendants, Plaintiff's foot was destroyed with many fractures and joint dislocations. Trial testimony confirmed that any attempt to surgically repair Plaintiff's foot carries a high risk of amputation.

Based on the evidence, Plaintiff, an elderly woman who must care for herself, personally suffered great physical and mental injuries, and financial loss due to those injuries. Future medical expenses, surgeries, and home care will be required to correct Plaintiff's medical condition. As the evidence showed at trial, defendant, the Regents, is responsible for Plaintiff's catastrophic injuries, and past and future physical and mental pain and suffering. For these reasons, the Court should grant Plaintiff a new trial based on the fact that there is insufficient evidence to support the verdict of the jury.

Conclusion

Based on the evidence presented at trial, each of the Plaintiff's claims against defendant Regents was proven by a preponderance of the evidence. No other reasonable conclusion can be legally deductible from the evidence.

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

Continue reading " New Trial Sought By Sacramento Woman After Negligent Medical Treatment, Part 5 of 5 " »

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 personal injury lawsuit and its proceedings.)

8. Based on the evidence at trial, including the testimony of the experts, and the x-rays, there can be no cause for Plaintiff's injuries other than the negligent care she received during her May 2009 hospitalization at defendant Regents hospital. The admitting x-ray was misread, and the early acute phase of Charcot clearly visible in the navicular bone, was missed. Therefore, the medically necessary treatment of protecting the foot until the time limited Charcot process quieted down was not provided. Compounding these errors, Plaintiff was told by defendant doctors and other defendant Regents' employees to walk the long corridor on an unprotected foot during the acute phase. With each step, more bones were breaking and joints were dislocating. These facts, supported by substantial testimony, were uncontroverted.

9. Plaintiff was under the exclusive care and control of defendants at the time of the injuries. There were no intervening causes. In this case, it is not possible to separate the negligence from the cause of Plaintiff's injuries. It is apparent that the jury improperly speculated about some other unnamed and unknown cause that was not part of the evidence presented at trial.

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

Continue reading " Sacramento Woman Fights Improper Jury Verdict In Medical Malpractice Case, Part 4 of 5 " »

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 personal injury lawsuit and its proceedings.)

2. In evaluating testimony, the standard of medical care can be proven only through expert testimony. Landeros v. Flood (1976) 17 Cal.3d 399, 410. The expert orthopedic surgeon called by Plaintiff, Dr. Morgan Lee, was the only expert witness qualified by his practice to present testimony regarding the treatment of Charcot Foot, except Dr. Lopez, Mrs. Johnson's treating doctor, who agreed that the only way to prevent ongoing collapse of the bones in the foot was by placing the foot in a cast.

3. Dr. Lee testified that the negligence of the University doctors in failing to timely cast, boot and otherwise protect Plaintiff's left foot during the acute phase of Charcot's, directly caused the injuries she suffered while an inpatient at the University Medical Center Hospital in May 2009. This testimony was uncontroverted.

4. Dr. Lee explained the time limited process of Charcot Foot, and the absolute necessity of casting/booting the foot during the acute phase when the bones are subject to fractures and dislocations or subluxations. This testimony was uncontroverted.

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

Continue reading " Sacramento Orthopedic Physicians Commit Medical Malpractice, Part 3 of 5 " »