Hull
Hull v. Central Pathology Service Medical Clinic
Opinion
Opinion
Armstrong, J.
Plaintiff Constance Jean Chatwood Hull appeals the judgment of dismissal entered by the trial court after it sustained the demurrers of defendants Elizabeth Irwin, M.D. and Elizabeth Irwin, M.D., Inc. (herein together referred to as Dr. Irwin) and Central Pathology Service Medical Clinic (the Laboratory).
Facts
The facts, as alleged in the complaint, are as follows: In October 1987, plaintiff became a patient of Dr. Irwin. In June 1988, Dr. Irwin took a pap smear from plaintiff, and sent the smear to the Laboratory for analysis. The Laboratory failed to read the slide properly, and thus failed to diagnose plaintiffs cervical cancer.
In early 1989, the Laboratory became the subject of a government investigation and received intense media attention regarding its high rate of inaccurate pap smear readings.
In August of 1989, plaintiff returned to Dr. Irwin for another pap smear. On September 5, plaintiff was advised that her pap smear revealed a malignancy, and on September 6, while in the doctor’s office, she inquired of Dr. Irwin as to whether her 1988 pap smear had been sent to the Laboratory. Dr. Irwin told plaintiff that she did not use the Laboratory.