Anson

This is an appeal from an order of dismissal following the sustaining of a demurrer to plaintiff’s complaint without leave to amend.

Procedural and Factual Background

On May 22, 1986, plaintiff, Sharolyn Renee Anson (Anson), served a claim for damages allegedly arising out of medical negligence on the Merced County Board of Supervisors pursuant to Government Code section 900 et seq. The county rejected the claim on June 24, 1986. On December 23, 1986, as required by Code of Civil Procedure section 364, Anson served notices of intention to file suit for medical negligence on defendants County of Merced, the Merced Community Medical Center, Robert B. Small, M.D., and Timothy S. Johnston, M.D. (collectively referred to herein as the defendants).

On March 23, 1987, Anson filed a complaint for medical negligence against all four defendants. The complaint alleged that Anson had undergone a laproscopic bilateral tubal fulguration and division for the purpose of sterilization on or about February 24, 1986, and that the procedure was performed negligently resulting in excessive postsurgical pain and bleeding. It was also alleged that she was required to repeat the surgery. The…