Dolan

Dolan v. Borelli

Good Law
13 Cal. App. 4th 816·16 Cal. Rptr. 2d 714·1993 Cal. App. LEXIS 185·93 Daily Journal DAR 2629·93 Cal. Daily Op. Serv. 1449
Court of Appeal of CaliforniaJanuary 29, 1993B064452California2,489 words

Opinion

Opinion

Ortega, J.

Plaintiff Gloria Dolan appeals from the summary judgment dismissing her medical malpractice case against defendant Lawrence Borelli, M.D., on limitations grounds. We affirm the judgment.

Facts

Dolan, a 3-M Company factory worker, injured her right wrist at work in June 1984. Dolan’s symptoms, pain radiating to her right shoulder and numbness, tingling, and sharp stabbing pain in her right fingers, worsened over the next few months. At 3-M’s suggestion, Dolan consulted Borelli, an orthopedic surgeon.

Borelli diagnosed Dolan’s condition as carpal tunnel syndrome and recommended surgery. Based on Borelli’s explanation, Dolan expected that the surgery would eliminate her pain and return her to normal within 60 days.

On April 10, 1985, Borelli performed the surgery, designed to release Dolan’s right carpal tunnel ligament. Initially, instead of the expected minor surgical pain, Dolan felt worse pain than before the operation. Within three weeks of the surgery, the original pain and numbness returned. By June 10, 1985, 60 days after surgery, Dolan’s symptoms were significantly worse than before surgery, and she believed something had gone wrong, Borelli had performed her…

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