In a recent court filing, Jayston Bush and Jett Macias have lodged a complaint for damages against Dignity Health, including its subsidiary Mercy Medical Center Merced, and two physicians, Dr. Ajinder Singh and Dr. Donald Carter. The complaint was filed on May 20, 2024, in the Superior Court of California, County of San Francisco. The plaintiffs allege medical negligence and wrongful death following the demise of Mark Bush.
According to the lawsuit, Jayston Bush and Jett Macias are pursuing legal action both individually and as successors-in-interest to the estate of Mark Bush. They claim that Mark Bush sought medical treatment from the defendants on November 13, 2023, for a peritonsillar abscess causing significant pain and breathing difficulties. Despite being under the care of Dignity Health and its associated medical professionals, Mark Bush's condition allegedly deteriorated due to negligent medical practices.
The plaintiffs assert that between November 13 and November 18, 2023, the defendants failed in their duty of care during various stages of treatment including evaluation, surgical care, pre-operative and post-operative management. This alleged negligence led to severe hemorrhaging and loss of airway for Mark Bush, culminating in cardiopulmonary arrest and his subsequent death on November 17, 2023.
Jayston Bush and Jett Macias contend that as a direct result of this negligence, they have suffered immense personal loss including deprivation of their father's companionship, support, and other compensable damages under California law. They also seek compensation for funeral expenses and economic support lost due to Mark Bush's untimely death.
The plaintiffs are seeking general (non-economic) damages according to proof presented in court as well as special (economic) damages which include costs related to funeral services among others. Additionally, they request pre-judgment interest as permitted by law along with other reliefs deemed appropriate by the court.
Representing the plaintiffs are attorneys Richard H. Schoenberger and Christian R. Jagusch from Walkup Melodia Kelly & Schoenberger based in San Francisco. The case has been assigned Case No. CGC-24-614796 in front of an unnamed judge at this stage.