Barnes failed to meet the standard of care, whether that failure proximately caused decedent’s death.”
Barnes met the standard of care under the circumstances, including when he was informed of decedent’s symptoms (i.e., cough and low-grade temperature) at the time of the phone call from her husband and” Decedent died approximately twelve hours later from a pulmonary embolism.Īt trial, the jury was asked to consider two essential elements of plaintiffs’ case: Barnes) would see her at her upcoming appointment in a few days. Barnes responded by stating the symptoms were normal based on the recent surgery, he did not request decedent come in for an exam or go to an ER, and he advised decedent’s husband he (Dr. Barnes and reported his wife had a low-grade fever and a cough. Four days later, on July 26, 2016, decedent’s husband called Dr. Barnes preformed cosmetic surgery on plaintiffs’ decedent on July 22, 2016. Zach Barnes and his practice, Beautologie, for wrongful death based on medical malpractice. In Valderrama, plaintiffs (husband and three minor children of decedent – a 40-year-old wife and mother) filed suit against Dr. Beautologie Cosmetic Surgery, Inc., the use of thoughtful motions in limine to preclude irrelevant testimony and prevent plaintiffs’ experts from relying on the irrelevant testimony, allowed defendants to succeed at trial. A successful motion in limine can shape the course of a trial. Automobile & Autonomous Vehicle LiabilityĪ strategic and thoughtfully prepared motion in limine can allow a party to assert control over the facts that will be presented to a jury and are a commonly used tool for raising evidentiary issues relating to expert witness testimony.
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