Artal

Artal v. Allen

Bad Law
111 Cal. App. 4th 273·2003 Cal. App. LEXIS 1237·2003 Daily Journal DAR 9207·3 Cal. Rptr. 3d 458·2003 Cal. Daily Op. Serv. 7331
Court of Appeal of CaliforniaAugust 14, 2003B159581California3,345 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant Doreece E. Artal (Artal) appeals a judgment in favor of defendant and respondent Susan Allen, M.D. (Dr. Allen) based on the defense of the statute of limitations (Code Civ. Proc., § 340.5) at the initial phase of a bifurcated nonjury trial.

Artal awoke after pelvic surgery with throat pain, which was severe and persisted. Artal knew she had been intubated for anesthesia by Dr. Allen for surgery and believed the throat pain was related to the intubation, but was unaware that the intubation had been performed in a negligent manner. Artal eventually underwent exploratory surgery, which revealed a thyroid cartilage fracture.

Prior to the exploratory surgery, Artal did not, and could not, discover the injury and its negligent cause. Because Artal filed suit within one year of discovering the injury and its negligent cause, and within three years of the injury, the judgment is reversed and the matter remanded to the trial court with directions to reinstate the action.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts.

On May 8, 1998, Artal was admitted to Cedars Sinai Medical Center to undergo a diagnostic laparoscopy for suspected endometriosis. Dr. Allen…

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