Personal Injury Law

Jury's Question Raises Concerns In Sacramento Medical Malpractice Case, Part 2 of 10

By Moseley Collins, Esq.

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, or Sutter.

(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.)

STATEMENT OF THE CASE

During the course of the trial, the evidence of Dr. Hill's negligence was based upon her failure to appropriately confirm the differential diagnosis of dopa responsive dystonia by offering the patient a trial of Sinemet (L-dopa). The evidence was undisputed that the diagnosis is made in one of two ways: a trial of L-dopa, or a lumbar puncture with special assay. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

None of the experts testified to an alternative method of diagnosis or treatment under the circumstances at bar. Neither Dr. Hill nor any of the other expert witnesses suggested that she recommend a lumbar puncture. Plaintiff therefore objected to Jury Instruction 506, entitled Alternative Method of Care when offered by the defendant, since same would in effect remove the issue of standard of care from this jury. Initially the court agreed that the instruction may not be warranted. But after argument of counsel, the court, over objection, gave the requested instruction. The instruction states as follows:

A pediatric neurologist is not necessarily negligent just because she chooses one medically accepted method of treatment or diagnosis and it turns out that another medically accepted method would have been a better choice. (CACI 506)

Full post as published by Sacramento Injury Lawyer Blog on November 02, 2010 (boomark / email).