Fuller
Fuller v. Tucker
Opinion
Opinion
Aldrich, J.
Introduction
The trial court concluded plaintiff and appellant Annie Fuller (Fuller) did not properly amend her complaint to substitute in defendant and respondent Dr. James Tucker (Dr. Tucker) as a Doe defendant, pursuant to Code of Civil Procedure section 474. We reverse. The trial court used the wrong legal standard in addressing the issue, and some of its factual findings are either not supported by the evidence or are irrelevant.
Factual and Procedural Background
1. Preliminary facts.
On November 13, 1995, Fuller was admitted to Long Beach Memorial Hospital for bladder lift surgery. It appears the surgery corrected the bladder problems. However, during surgery Fuller sustained a significant nerve injury, which eventually paralyzed her right lower extremity. According to Fuller, “[wjhat caused the damage was the operation.”
Dr. Tucker was the anesthesiologist who administered an anesthetic during the surgery. Prior to surgery, no one discussed the risks and complications of the anesthesia as articulated in the anesthesia consent form signed by Fuller. Dr. Tucker’s name does not appear on the form. Fuller, who is illiterate, did not attempt to read the form. Dr.…