San Francisco Medical Malpractice 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.

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

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital. For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.

While there is no general rule for what qualifies an individual under section 720(a) to render an expert opinion in a medical malpractice case, the Supreme Court explained that the expert must have a general foundation for his testimony, basic education, training, occupational experience as well as practical knowledge of what is customarily done by the health care provider under similar circumstances:
The proof of that standard is made by the testimony of a physician qualified to speak as an expert and having in addition, what Wigmore has classified as occupational experience - the kind which is obtained casually and incidentally, yet steadily and adequately, in the course of some occupation or livelihood.

Continue reading " Injured San Francisco Woman Files Suit Against Her Chiropractor, Part 4 of 9 " »

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.

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

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

The role of expert testimony in a medical malpractice action was explained in Willard v. Hagenmeister, (1981) 121 Cal.App.3d 406:

Expert evidence in a malpractice suit is conclusive as to the proof of the prevailing standard of care and learning in the locality and of the propriety of particular conduct by the practitioner in particular instances because such standard and skills is not a matter of general knowledge and can only be supplied by expert testimony. Willard, supra, at page 412; citations omitted. For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.

See also Blackwell v. Hurst (1996) 46 Cal.App.4th 939, 943 (holding that the standard of care in a professional negligence case can be proven only by expert testimony); Norman v. Life Care Centers of America, Inc. (2003) 107 Cal.App.4th 1233, 1250-1251 (discussing presentation of expert testimony with respect to the standard of care in an elder abuse case.)

Continue reading " San Francisco Chiropractor Fights Expert In Malpractice Lawsuit, Part 3 of 9 " »

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.

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

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

DR. STRONG IS NOT QUALIFIED TO RENDER EXPERT OPINION TESTIMONY AS TO THE STANDARD OF CARE APPLICABLE TO DEFENDANTS

To prevail against Defendants in this professional negligence action, Plaintiff has the burden of proving that Defendants' care and treatment fell below the standard of care, and further, that Defendants' conduct, if below the standard of care, caused or substantially contributed to Plaintiff's alleged injuries. The prevailing standard of care applicable to defendants can be introduced only through the use of qualified expert testimony. Flowers v. Torrance Memorial Medical Center, 8 cal.4th 992 (1994); Munro v. Regents of the University of California, (1989) 215 Cal.App.3d 977, 983-984; and Jones v. Ortho Pharmaceutical Corp. (1985) 63 Cal.App.3d 396, 402. For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.

The requisite standard of care is determined by the applicable standard of care that exists in a particular professional community. Barton v. Owen (1977) 71 Cal.App.3d 484. Thus, a health care provider is only required to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances Mann v. Cracchiolo, (1985) 38 Cal.3d 18, at 36.

Continue reading " Woman Requires Surgery After Malpractice By San Francisco Chiropractor, Part 2 of 9 " »

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.

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

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

PLEASE TAKE NOTICE PLEASE TAKE NOTICE that Defendants, Paul Davis, D.C. and Universal Chiropractic, Inc. (hereinafter "Defendants"), hereby move this Court in limine before jury selection or the trial's commencement for an order precluding Plaintiff's expert, Steven Strong, M.D., from providing any standard of care testimony against Defendants on the ground that Dr. Strong is not qualified to render such opinions. This motion is based upon the accompanying Memorandum of Points and Authorities, the records and files of this action, and such further evidence or argument as may be submitted before or at the time of the hearing of this matter. For more information you are welcome to contact San Francisco personal injury lawyer, Moseley Collins.

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

Plaintiff, Sylvia White (hereinafter "Plaintiff"), sought chiropractic care and treatment with Defendant, Paul Davis, D.C., at his facility, Universal Chiropractic, Inc., on an intermittent basis between July 2004 and October 2006. Plaintiff filed an action for professional malpractice against the defendants based on professional malpractice and intentional infliction of emotional distress related to the underlying alleged malpractice.

Continue reading " San Francisco Woman Sues Chiropractor For Malpractice, Part 1 of 9 " »