Osborne

Osborne v. County of Los Angeles

Good Law
154 Cal. Rptr. 129·1979 Cal. App. LEXIS 1579·91 Cal. App. 3d 366
Court of Appeal of CaliforniaMarch 30, 1979Civ. 52637California1,401 words

Opinion

Opinion

Ashby, J.

Plaintiff Robert Osborne appeals from an order denying his petition under Government Code section 946.6 for relief from failure to file a timely claim against the county for medical malpractice.

Plaintiff was a patient at Rancho Los Amigos Hospital, owned by defendant County of Los Angeles, between December of 1967 and April of 1972. He entered that hospital for treatment for infection and osteomyelitis which had developed after surgery at another hospital to repair fractures of the left leg and hip which plaintiff suffered in a 1967 automobile accident. Various screws and pins had been inserted in the prior surgery and plaintiff was suffering infection in the left hip. In January 1968 surgery was performed on plaintiff at defendant hospital for removal of these pins and screws. However, one screw was left in plaintiff’s hip. Plaintiff alleges that there was negligence in failing to remove this screw, which prevented the healing of his infection and caused the infection to worsen. Plaintiff remained as a patient, both inpatient and outpatient, at defendant hospital until April 1972, where he continued to suffer infection and be confined to a wheelchair. Hospital records…

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