Wallace
Wallace v. Hibner
Opinion
Opinion
Ritchey, J.
Statement of the Case
Slona F. Wallace (appellant) filed a medical malpractice action against Richard W. Hibner, M.D., and St. Agnes Medical Center (respondents) on January 28, 1984. Dr. Hibner filed an affirmative defense and St. Agnes filed a demurrer claiming the action was barred by Code of Civil Procedure section 340.5. Subsequently, Dr. Hibner made a motion for judgment on the pleadings based on the statute of limitations.
The trial court dismissed the complaint against St. Agnes and granted judgment on the pleadings in favor of Dr. Hibner. Appellant appeals from this judgment.
Statement of the Facts
On August 20, 1970, appellant consulted Dr. Hibner at St. Agnes’ emergency room to obtain treatment for a puncture wound caused by a sewing needle that was traumatically embedded in her foot. Dr. Hibner inadvertently failed to remove the entire needle during the operation. Appellant did not discover this fact until May 1983.
Discussion
Does a sewing needle fragment left in a patient’s foot after an operation for its removal constitute a “foreign body” within section 340.5?
Appellant argues that under the plain meaning of the statute, a “foreign body” includes any…