Dickison

Dickison v. Howen

Good Law
1990 Cal. App. LEXIS 577·220 Cal. App. 3d 1471·270 Cal. Rptr. 188·1990 WL 72259
Court of Appeal of CaliforniaMay 31, 1990C004588California3,420 words

Opinion

Opinion

Marler, J.

After the jury returned a special verdict finding defendants Walter E. Howen, M.D., and Lodi Community Hospital not negligent in a medical malpractice case, the plaintiff, Ola Dickison, moved for a new trial. The court denied the motion. Plaintiff appeals from the judgment entered in favor of defendants, contending the trial court abused its discretion in permitting Dr. Howen to amend his list of expert witnesses, and that the judgment must be reversed because the verdict is contrary to the evidence. We affirm.

Factual and Procedural Background

On January 7, 1986, Mrs. Dickison, an elderly paraplegic confined to a wheelchair for over 30 years, went to the emergency room of Lodi Community Hospital. There she was seen by her longtime physician, Dr. Howen, who, after reviewing the EKG and discussing her X-ray with a radiologist, diagnosed her condition as congestive heart failure due to postinfluenza syndrome. Dr. Howen’s examination disclosed that, in addition to flu symptoms, Mrs. Dickison was suffering from a productive cough and shortness of breath. She was also discolored due to a lack of oxygen and had rales—a sound the lungs make when there is fluid in them. Dr.…

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