Iovine

INTRODUCTION

In this professional negligence action, plaintiff seeks reversal of a judgment in favor of defendant on grounds that the trial court erred by excluding evidence of defendant’s misconduct 17 years before trial which resulted in discipline by the California Medical Board; by refusing to instruct the jury on the doctrine of res ipsa loquitur; and by denying her motion to amend her complaint during trial to add an additional claim for special damages. We find no reversible error, and affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Factual Background. Norma Iovine (appellant or plaintiff) began treating with ophthalmologist Badrudin Kurwa, M.D. (respondent or defendant) in 2003. She had a medical history that included glaucoma in her left eye, which had been surgically treated. She had also undergone cataract surgery with implantation of an intraocular lens in the left eye prior to her first visit with defendant. Over the next five years, defendant observed progression of a cataract in plaintiff’s right eye. Eventually, she required a cataract extraction and implantation of an intraocular lens in that eye. Known risks associated with cataract surgery include…