Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case that illustrates how important it is for parties to object to perceived errors as they occur. In the recent case, the court held that a defendant hospital’s failure to object to the plaintiff’s untimely payment of a mandatory filing fee prevented the court from reviewing the defendant’s claim on appeal that the untimely payment deprived the court of jurisdiction.
The plaintiff was the surviving loved one of a man who had become quadriplegic and then died after being treated at the defendant hospital. Initially, the man himself brought a lawsuit against the hospital, alleging that the hospital was responsible for his quadriplegia. However, while the jury determined that the hospital was negligent in treating the man, it also found that the hospital’s negligence was not the cause of the man’s quadriplegia.
Shortly after the initial trial, the man died. After his death, additional evidence was discovered indicating that the hospital’s negligence may have actually been the cause of the man’s quadriplegia and subsequent death. The current plaintiff was then named the plaintiff, and the case was changed to a wrongful death case. As a part of this process, the plaintiff was required to pay court filing costs by a certain date.