Sacramento Personal Injury 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 wrongful death lawsuit and its proceedings.)

The Declaration of Defendant's Medical Expert Is Insufficient On Its Face to Preclude Existence of a Genuine Issue of Fact for Trial Because He Omits Any Account or Explanation for Defendant's Failure to Treat the Decedent During the Critical 2-Day Period from December 30 to January 2, 2009.

Defendant's medical expert's, James G. Chin, M.D., declaration on its face is insufficient to preclude existence of a triable issue of fact at trial. In his declaration, he does not mention the symptoms and signs of sepsis which the Decedent exhibited on December 31, 2008. (Chin Decl. 28). Dr. Chin only mentioned the Decedent's urine output on December 31, 2008. Decl. 28). Dr. Chin acknowledges that the Decedent's temperature jumped to 103.2 and his white blood cell count was 18.5. Significantly, he does not acknowledge existence of other symptoms or signs of sepsis the Decedent exhibited on January 1, 2009, and he does not identify any treatment Defendant provided him on December 31 and January 1 for his symptoms and signs of sepsis.

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

Continue reading " Sacramento Hospital Patient Dies Of Sepsis Due To Malpractice, Part 8 of 8 " »

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 wrongful death lawsuit and its proceedings.)

A Genuine Issue of Fact Exists for Trial Whether or Not the the Care and Treatment of the Decedent Fell Below the Standard of Care.

Plaintiff's offers expert medical testimony that the care and treatment rendered the Decedent fell below the standard of care. Plaintiff's evidence shows that for two (2) days, 48 hours, Defendants failed to treat the Decedent with broad spectrum antibiotics and surgical debridement. When Defendants got around to ordering broad spectrum antibiotics and considered surgical debridement it was too late. The need to immediately start the Decedent on a broad spectrum of antibiotics should have been apparent to the medical personnel who were caring for him. On December 31, 2008, the Decedent had multiple signs of sepsis. He had rapid increase in temperature, dramatic increase in white blood cell count, persistent tachycardia (rapid heart beat), and increasing agitation. These are telltale symptoms and sign of sepsis.

The previous day, December 30, the Decedent's white blood cell count jumped from 8.1 to 13.2, and, on December 31, his white blood cell count increased to 19.2, and, by 4 p.m., his temperature jumped to 102 degrees.

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

Continue reading " Treatment Below Standard Of Care Leads To Wrongful Death Of Sacramento Man, Part 7 of 8 " »

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 wrongful death lawsuit and its proceedings.)

CMC Is Liable for the Decedent's Death Resulting from the Errors and Omissions of Medical Personnel

A hospital, whether private or charitable, is liable for the torts and negligence of its employees, including physicians, under the theory of respondeat superior. Czubinsky v. Doctors Hospital ( 1983) 139 Cal. App. 3d 361; and Elam v. College Park Hospital (1982) 132 Cal. App. 3d 332. A hospital is negligent if it does not use reasonable care toward its patients. It is the duty of any hospital that undertakes the treatment of an ill or wounded person to use reasonable care and diligence not only in operating upon and treating but also in safeguarding him, and such care and diligence is measured by the capacity of the patient to care for himself. Valentin v. La Societe Francaise de Bienfaisance Mutuelle (1946) 76 Cal.App.2d 1,4.

Negligence "is conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm." (Rest. 2d Torts, §282.) Defendants were required to exercise the care that a person of ordinary prudence would exercise under the circumstances.' (Citations omitted) Because application of this principle is inherently situational, the amount of care deemed reasonable in any particular case will vary, while at the same time the standard of conduct itself remains constant, i.e., due care commensurate with the risk posed by the conduct taking into consideration all relevant circumstances.

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

Continue reading " Medical Malpractice By Doctors At Sacramento Hospital, Part 6 of 8 " »

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 wrongful death lawsuit and its proceedings.)

REASONS WHY SUMMARY JUDGMENT MUST BE DENIED

The Standards Governing Motions for Summary Judgment

A party moving for summary judgment has both a burden of persuasion and a burden of production of evidence. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850, and Evidence Code §500. The moving parties bear the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., supra. There is no obligation on the opposing party ... to establish anything by affidavit unless and until the moving party has by affidavit stated facts establishing every element necessary to sustain a judgment in his favor. Consumer Cause, Inc. v. SmileCare (2001) 91 Cal. App. 4th 454, 468.

In professional malpractice cases, expert opinion testimony is required to prove that the defendant performed in accordance with the prevailing standard of care [citation], except in cases where the negligence is obvious to laymen. Garibay v. Hemmat (2008) 161 Cal. App. 4th 735, 741, citing and quoting Kelly v. Trunk (1998) 66 Cal, App. 4th 519,523. Once the moving party meets its burden of production, the burden shifts to the non-moving party to present evidence to show there is a triable issue fact as to any essential elements of its cause of action. Sanchez v. Swinerton & Walberg Co. (1996), 47 Cal. App. 4th 1461, 1465.

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

Continue reading " Negligent Hospital Staff Causes Wrongful Death Of Sacramento Man, Part 5 of 8 " »

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 wrongful death lawsuit and its proceedings.)

According to the autopsy report of the County Coroner, the cause of death was sepsis (overwhelming infection). The Decedent died on January 3, 2009, at 8:30 a.m.
The misplaced Foley catheter balloon contributed to the sepsis in two ways: First, infected urine that cannot drain, backs up into the kidneys under pressure leading to seeding of bacteria into the blood stream and leads to rapid overwhelming infection. Second, the infection of the urine accompanied by urethral damage led to periurethral abscess formation and ultimately gangrene of the scrotum and perineum.

On December 29, 2008, the Decedent's white blood cell count had jumped from 8.1 to 13.2 on December 30, 2008, and jumped to 19.2 on December 31, 2008, the day the fevers started.
Based upon the symptoms and signs the Decedent exhibited, the appropriate treatment of the Decedent was: immediate initiation of broad spectrum antibiotics and surgical debridement.
On December 31, 2008, the Decedent had multiple signs of sepsis. He had rapid increase in temperature, dramatic increase in white blood cell count, persistent tachycardia (rapid heart beat), and increasing agitation. These are telltale signs of sepsis.

Two days (48 hours) elapsed from the time the Decedent initially began spiking fevers to the time antibiotics were started.

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

Continue reading " Nasty Infection Leads To Wrongful Death At Sacramento Hospital, Part 4 of 8 " »

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 wrongful death lawsuit and its proceedings.)

STATEMENT OF FACTS

On December 22, 2008, David White, the Decedent, a 44-year-old male, was transported by ambulance to National Hospital, operated by Defendant (CMC), after sustaining a stab wound to his neck. The stab wound was serious but not life threatening. His injuries required two operations by the Trauma Service to stop bleeding vessels in his neck.
During his hospital stay, the Decedent exhibited signs and symptoms of alcohol withdrawal, which included tremor, hallucinations, agitation, sweating and rapid pulse. He was treated appropriately with Ativan, Haldol, and IV Thiamine supplementation for his symptoms of alcohol withdrawal.

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

Until December 30, 2008, the Decedent's behavior, vital signs, and lab work remained fairly stable. On December 30, his white blood cell count jumped from 8.1 to 13.2.
On December 31, 2008, the Decedent's white blood cell count increased to 19.2, and by
4 p.m. his temperature had jumped up to 102 degrees. He continued to have fevers throughout the night and continued with increasing temperatures on January 1, 2009 to 103.5 degrees by
6 a.m.

On January 2, 2009 at 10:30 a.m., for the first time medical personnel at National Hospital sought a source of the infection and cultures were ordered. Antibiotics were not ordered until 3 p.m. on January 2, 2009.

Continue reading " Medical Malpractice Action Filed Against Sacramento Hospital, Part 3 of 8 " »

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 wrongful death lawsuit and its proceedings.)

For two (2) days, 48 hours, after the Decedent's white blood cell count increased to 13.2 on December 30, 2008, and to 19.2 on December 31, 2008, and he showed other telltale symptoms or signs of sepsis, rapid increase in temperature, persistent tachycardia (rapid heart beat), and increasing agitation, medical personnel at National Hospital failed to treat him for sepsis. It was not until January 2, 2009, medical personnel begin to look for a source of his infection and ordered cultures and antibiotics. Before they could begin to treat the Decedent appropriately for sepsis or presumed Fournier's Gangrene. It was much too late. David White expired.

The care and treatment medical personnel at National Hospital rendered the Decedent fell below the standard of care. The standard of care required medical personnel to immediately initiate broad spectrum antibiotics and have the patient undergo surgical debridement without waiting to identify a source or cause of the infection.

Defendant's standard of care witness, James G. Chin, M.D., in his Declaration mentions that the Decedent's temperature on January 1, 2009 was 103.2 and his white blood cell count was 18.5.

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

Continue reading " Sacramento Family Files Wrongful Death Suit Against Hospital, Part 2 of 8 " »

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 wrongful death lawsuit and its proceedings.)

Plaintiff Paul White’s Memorandum of Point & Authorities in Opposition to Defendant the Regents of the University of California's Motion for Summary Judgment

INTRODUCTION

Plaintiff Paul White sued Defendant, the County Medical Center (CMC), for wrongful death and professional negligence (medical malpractice). Plaintiff alleges that Defendants were negligent in the care and treatment rendered his father, David White, which resulted in his death on January 3, 2009. On December 22, 2008, David White was transported by ambulance from Fairview and Main Streets in Sacramento to National Hospital in Sacramento to be treated for a stab wound to the left side of his neck.

After his admission, David White, the Decedent, remained in the hospital and was treated appropriately for symptoms of alcohol withdrawal.

The Decedent's death at National Hospital was caused by sepsis due to inflammation and abscess formation in the penile urethra due to a misplaced Foley catheter balloon.

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

Continue reading " Sacramento Man Dies In Hospital Due To Untreated Infection, Part 1 of 8 " »