Personal Injury Law

Sacramento Doctor's Negligence Causes Patient's Paraplegia, Part 5 of 5

By Moseley Collins, Esq.

It is worth noting that situations similar to those described in this trip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley?s, Bel Air, Save Mart, Walmart, or Whole Foods.

(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.)

DR. BLACK'S MANAGEMENT OF DECEDENT'S EMERGENCY ROOM VISIT FAILED TO MEET THE STANDARD OF CARE

The moving party has the burden of establishing evidentiary facts sufficient to entitle him or her to judgment as a matter of law. CCP § 437c(c); Vesely v. Sager (1971) 5 Cal.3d 153. The opposing party has the burden to controvert issues, only when the moving party has met its burden. CCP 437c(o)(2). As set forth above, Dr. Black has not met this burden. Further, the expert opinion that Dr. Black met the standard of care avoids key facts that are undisputed. Finally, the issue of compliance with the standard of care is controverted by competent contrary opinion.

Dr. Black moves for summary judgment on the opinion of his retained expert that his care and treatment was "at all times appropriate and within the standard of care." (Decl. of Dr. Howard.) To reach this result, Dr. Howard selectively spins the evidence. Radiologist Cesar Lee, advised Dr. Black that 1) he suspected a chronic fracture of the dens (C-2), incomplete closure of the C-1, and 3) that he could not see any acute fracture. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Dr. Howard interpreted this as no more than "chronic degenerative changes without evidence of any acute injury or need for emergent intervention." (Decl. of Dr. Howard.) He does not address the fact that Dr. Black was advised that Mr. Greene had a fractured cervical vertebrae, chronic or otherwise, nor does Dr. Howard explain what the standard of care requires for this presentation.

Full post as published by Sacramento Injury Lawyer Blog on October 27, 2010 (boomark / email).