Henry

Judy and William Henry appeal from a judgment dismissing their medical malpractice complaint after the trial court sustained respondent’s, Thomas Clifford, M.D., demurrer without leave to amend. The trial court ruled that the statute of limitations had run (Code Civ. Proc., § 340.5) and the action was barred by the doctrine of res judicata. We affirm and impose sanctions for the filing of a frivolous appeal.

Facts

On September 12, 1990, Doctor Clifford performed back surgery on Judy Henry at the Simi Valley Adventist Hospital. After the surgery, Doctor Clifford left the operating room to speak to William Henry. Judy Henry was transferred onto a recovery room bed. One of the persons assisting in the transfer was called out of the room and Mrs. Henry rolled off the bed onto the floor. Doctor Clifford was advised of the incident and ordered diagnostic radiographs which were normal.

First Complaint

On June 4, 1991, appellants filed a complaint against the hospital and Doctor Clifford for medical malpractice and loss of consortium. (Henry v. Simi Valley Adventist Hospital (Super. Ct. Ventura County, 1991, No. 116472).) Paragraph 11 of the complaint alleged in pertinent…