San Jose 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, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

As the above facts show, Plaintiff is currently suffering from ongoing psychological problems which he traces to his CRPS/RSD injury. These psychological problems are such that he has attempted suicide twice, has received several weeks of inpatient psychiatric care, and has received ongoing outpatient psychiatric care and mental health counseling. These psychological problems are also the reason Plaintiff has given for being unable to complete his deposition in this case. Defendant respectfully submits that Mr. Smith's mental health is undeniably at issue in this case and that good cause exists for a mental examination. This examination would be performed by a licensed psychiatrist, David Black, M.D., in San Jose, California.

CONCLUSION

For the reasons set forth above, Defendant requests an order requiring Plaintiff Randall Smith to undergo a mental examination by David Black, M.D., a psychiatrist, at Dr. Black’s office located in San Jose, CA.

Continue reading " Patient In San Jose Develops Complex Pain Syndrome Due To Medical Malpractice, Part 4 of 4 " »

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, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

Only an expert can determine what relationship Plaintiff’s mental health problems have to his CRPS/RSD, and/or whether they are related to or caused by pre-existing mental health issues. Defendant understands that Plaintiff may attempt to present Plaintiff's severe mental health problems at trial as side effects of his CRPS/RSD, and as a component of his damages. As such, a mental examination of Mr. Smith is necessary to Defendant's defense. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

Defendant therefore requests a court order allowing plaintiff to undergo a psychiatric examination by David Black, M.D., a psychiatrist, in San Jose, California. Defense counsel understands that the examination will involve a discussion between Plaintiff and Dr. Rappaport regarding Plaintiff's relevant personal, medical and mental health history and his ongoing mental health problems and medical and psychological stressors.

Continue reading " Hospital In San Jose Sued For Medical Malpractice, Part 3 of 4 " »

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, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

As far as Defendant is aware, Plaintiff continues to have ongoing mental health problems. Plaintiff has asserted these problems as the reason why he has not yet completed his deposition in this case. Plaintiff's complaint alleges that, because of Defendant's alleged negligence, he is going to be required to seek medical and/or psychological services in the future. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

Plaintiff has testified in his deposition that he has a pre-existing history of depression which was debilitating enough to cause him to miss work and to receive social security disability. Defendant's medical records suggest other pre-existing mental health problems. Defendant has not been able to fully question Plaintiff about these matters, because Plaintiff has been unavailable for his deposition.

Because Plaintiff has ongoing psychiatric problems, which he alleges are related to, or caused by, his alleged CRPS/RSD, Defendant requested in November 2008 that Plaintiff stipulate to a mental examination. Plaintiff's counsel refused.

Continue reading " San Jose Doctors Sued For Medical Malpractice, Part 2 of 4 " »

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.)

Defendant Universal Medical Center ("Defendant") moves for a mental examination of plaintiff Randall Smith ( Plaintiff) by David Black, M.D., a psychiatrist, at his office located in San Jose, California.

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, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

FACTUAL BACKGROUND

This is a medical negligence case. Plaintiff Randall Smith claims to have developed complex regional pain syndrome ( CRPS ), also known as reflex sympathetic dystrophy ( RSD ), from an IV needle insertion he received prior to undergoing an endoscopy on December 7, 2006, at General Hospital, part of defendant Universal Medical Center. Plaintiff claims that his CRPS/RSD went undiagnosed until January 24, 2007. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

Plaintiff has sought, and alleges that he will be required to seek, psychological services because of his alleged CRPS/RSD. In early January 2007, he sought psychiatric treatment at ABC Psychiatric Facility, because he experienced suicidal and homicidal thoughts related to his pain after the above IV placement. Both Plaintiff’s counsel, and his medical records, disclose that in September or October, 2008, Plaintiff sought inpatient psychiatric care, apparently because Plaintiff attempted suicide.

Continue reading " San Jose Man Files Medical Malpractice Suit, Part 1 of 4 " »