Sacramento Medical Malpractice Lawyer Blog

(Please 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.)

22. Said willful and reckless misconduct by defendants Wellness and Jones falls outside the purview of C.C.P. § 340.5 and cannot be reasonably interpreted as acts or omissions occurring within the context of substandard professional health care services, but rather more rationally falls within the context of a gross mis-diagnosis, battery and mistreatment of the Plaintiff.

23. Therefore, said Willful and Reckless Misconduct and Battery by the defendants and each of them, was oppressive and malicious within the meaning of Civil Code §3294 in that said defendant' conduct was willful, wanton, malicious, oppressive and done with conscious disregard to Plaintiffs rights and safety and in that it subjected plaintiff to cruel and unjust hardship, and injury, and which justifies an award of exemplary and punitive damages in an amount to be determined at trial.

24. As to the other causes of action Plaintiffs damages are not limited by M.I.C.R.A. This cause of action has been pleaded in the alternative.

WHEREFORE, Plaintiff prays for judgment as follows:
1. General damages in the maximum amount provided in law;
2. For past and future medical, hospital, rehabilitation and incidental expenses for care and treatment, according to proof at trial;
3. For past and future lost earnings, and for lost earning capacity, according to proof at trial;

Continue reading " Reckles Conduct By Sacramento Chiropractor Leads to Lawsuit, Part 4 of 4 " »

(Please 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.)

11. As a further direct and proximate result of Defendants' negligence, Plaintiff suffered severe and debilitating pain, anxiety and emotional distress, and will continue in the future to suffer severe and debilitating pain anxiety and emotional distress, in an amount not yet determined but to be shown according to proof at trial.

12. As a further direct and proximate result of Defendants' negligence. Plaintiff incurred medical expenses for past medical care, and will continue in the future to incur medical expenses in an amount not yet determined, but to be shown according to proof at trial.

13. As a further direct and proximate result of Defendants' medical negligence, Plaintiff incurred losses in her earnings and earning capacity and will continue in the future to lose earnings in an amount not yet determined, but to be shown according to proof at trial.

14. On this cause of action, Plaintiff is entitled to all compensatory damages available against defendants for their negligence, including any and all Economic Damages, without limit, and all Non-Economic Damages, subject to the limitations of California's Medical Injury Compensation Reform Act of 1975 (M.I.C.R A.).

COUNT TWO: WILLFUL OR RECKLESS MISCONDUCT/MEDICAL BATTERY
[Brought by Plaintiff Sura Bhandi as against all Defendants]

15. Sura Bhandi hereby incorporates by reference the foregoing allegations and realleges the same as though set forth in full herein.

Continue reading " Sacramento Chiropractic's Negligence Leads To Malpractice, Part 3 of 4 " »

(Please 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.)

Complaint For Damages cont.

5. At all times mentioned herein, Defendants, and each of them, were the agents, principals, servants, or employees of each of the remaining Defendants, and were at all times acting within the purpose and/or scope of such agency, service and/or employment. Each Defendant, including Does I through 100, consented, ratified, permitted, encouraged, directed, and/or approved the acts of each other Defendant.

6. For the year prior to October of 2008, Plaintiff Sura Bhandi had consulted with and employed Defendants Wellness Center, Tim Jones, D.C., and DOES 1 through 100, inclusive, and each of them, to examine, diagnosis, treat and provide chiropractic care for soreness in her shoulders and back.

7. Defendants, and each of them, owed a duty to Plaintiff to exercise the degree of knowledge, skill, prudence and diligence as other members of their respective professions commonly possess and exercise.

8. Defendants, and each of them, breached their respective duties owed to Plaintiff, and failed to exercise the degree of knowledge, skill, prudence and diligence as other members of their respective professions commonly possess and exercise, including but not limited to the following:
A. Defendants, and each of them, negligently examined Plaintiffs injuries;
B. Defendants, and each of them, negligently failed to diagnose the true nature and extent of Plaintiffs injuries;
C. Defendants, and each of them, negligently prescribed treatment that made Plaintiffs injuries permanent and more severe;
D. Defendants, and each of them, negligently overrated the Plaintiff causing her permanent injuries requiring immediate surgery;
E. Defendants, and each of them, failed to render medical care with the knowledge, skill, prudence and diligence that is commonly possessed and exercised by competent chiropractors.
F. Defendants, and each of them, failed to properly refer Plaintiff to a competent medical provider, to address her medical concerns so she could attain adequate care.

Continue reading " Medical Malpractice Action Filed By Sacramento Woman, Part 2 of 4 " »

(Please 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.)

COMPLAINT FOR DAMAGES (1) Negligence/ Medical Malpractice; (2) Willful Misconduct and Battery
[Brought by Plaintiff Sura Bhandi as against all Defendants]

COUNT ONE: NEGLIGENCE/ MEDICAL MALPRACTICE
1. Plaintiff Sura Bhandi is, and at all times relevant to the matters resident of Sacramento County.

2. Defendant Wellness Center (WELLNESS) is a California corporation, which does business in Sacramento County, and which is engaged, among other things. in the business of rendering chiropractic and other health care and services to the general public for compensation, and which held itself out to the general public and to Plaintiff Sura Bhandi to be competent in rendering chiropractic and other care and services.

3. Defendant Tim Jones, D.C., is a chiropractor, licensed to practice in the State of California, who held himself out to the general public and to Plaintiff Sura Bhandi to be competent and skilled in rendering chiropractic and health care, and to render such chiropractic and health care with the same skill, prudence, and diligence as other members of his profession commonly possess and exercise.

4. The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants DOES 1 through 100, inclusive, are unknown to Plaintiff who therefore sues said DOE Defendants by fictitious names.

Continue reading " Sacramento Chiropractic Patient Sues For Malpractice, Part 1 of 4 " »