Mahannah

Appellant Sue Ellen Mahannah sued for medical negligence. Defendants included Doctors Kenneth R. Hirsch and William S. Palmer, pathologists at Alta Bates Hospital, as well as Alta Bates and Stanford University Hospitals. After plaintiff rested, each defendant moved for nonsuit and dismissal. The motion by defendants Hirsch and Palmer was granted; the motion by defendant hospitals was denied. A judgment of dismissal was entered in favor of defendants Hirsch and Palmer. Appellant’s subsequent motion for a new trial was denied. A timely notice of appeal was filed.

I. Facts

In January 1977, appellant Sue Ellen Mahannah noticed a large lump in her neck. She was examined by Dr. Norman Cohen, an oncologist, who in turn arranged for a biopsy of the lump by Dr. Louis Brizzolara, a general surgeon at Alta Bates Hospital. The results of the biopsy indicated appellant had Hodgkins disease, a tumor of the lymph nodes.

Once a diagnosis of Hodgkins disease is made, it is necessary for treatment purposes to establish the stage of the disease. If left untreated, the disease spreads, involves other lymph nodes, and is always fatal. Doctors classify the disease in four stages, with stage…