Judge of the Orange County Superior Court (Ret.)

Hon. Jamoa A. Moberly

MEDICAL/LEGAL MALPRACTICE

​Representative Cases

• Plaintiffs sued law firm they had hired to do negotiation of delinquent second mortgage, followed by unsuccessful attempt to file Chapter 13 Bankruptcy and Motion to Extinguish Second Mortgage.  Plaintiffs claimed violation of CC 2497.7(a) re loan modification; malpractice; and sought injunction vs law firm.
  
  
• Legal malpractice case arising from negligent defense of fraudulent conveyance claim; abandonment of client; misrepresentation.  Confidential settlement.
  
  
• Dispute involving failure to diagnose and properly treat healthy male triathlete for severe pain arising several days after routine colonoscopy resulting in pelvic abscesses and bowel obstruction.  Complex surgery was performed requiring removal of a section of small intestine, an ileostomy and meshing.  Second surgery to reverse ileostomy and long recovery causing change in lifestyle and loss of income.
  
  
• Dispute involving one-step mastectomy and breast reconstruction for woman with very large implants and reconstruction with same size implants.  Stage one cancer in situ.  Post-operative wound necrosis and prolonged treatment including hyperbaric chamber to save tissue.  Eventually multiple surgeries required to treat and eventually reconstruct breasts using smaller implants, extensive scarring, loss of consortium.
  
  
• Dispute arising from refusal to medically treat young adult male for severe pain relative to bladder catheter while on psychiatric hold and refusal to voluntarily admit for further psychiatric care although suicidal and insurance had been confirmed.  Parents brought wrongful death action after son’s suicide several days later with hospital prescribed medications.  Punitive damages sought as dependent adult.
  
  
• Dispute arising from extensive dental implants and patient’s dissatisfaction with outcome. 
  
  
• Dispute arising for wrongful death of elderly female convalescent home patient brutally attacked by male patient residing in adjoining room and suffering from alcoholic dementia.
  
  
• Dispute arising from convalescent home patient suffering respiratory failure after being given cough suppressant at bedtime.
  
  
• Dispute arising from permanent facial numbness and lip drool following unapproved procedure and product for lower root canal by general dentist.
  
  
• Dispute arising from collapse of therapy table during physical therapy treatment and whether subject to MICRA .
  
  
• Dispute arising from whether son had authority to agree to arbitrate convalescent care claims arising from father’s care.
  
  
• Dispute involving IV tubing breaking off under the skin during hospitalization and extensive tissue and nerve damage to forearm.
  
  
• Dispute arising from burns due to cauterizer device causing fire during surgery.
  
  
• Dispute arising from bone necrosis due to postoperative wound infection during initial hospitalization for hip replacement, followed by repeat replacement surgery due to improper transfer while recovering at skilled nursing facility.  Permanent leg shortening and dangling hip as the result. 
  
  
• Dispute arising from death due to syphilitic heart following seemingly routine heart valve replacement.  Adult children did not know of father’s early medical history also undisclosed to medical providers.
  
  
• Dispute arising from failure to monitor airway during thyroid surgery attributable to overtired anesthesiologist resulting in traumatic brain injury to married mother of young children.
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• Dispute arising from root resorption and need to replace teenage patient’s upper and lower front teeth.  Orthodontist claimed roots resorbed and teeth permanently loosened due to patient’s noncompliance and failure to maintain scheduled appointments.Dispute arising from failure of dentist to recognize oral cancer during multiple dental exams and treatment, resulting in delayed diagnosis requiring removal of part of jaw and tongue.