Butler v. Paraguya CA1/4

I. BACKGROUND

A. The Original Complaint Plaintiff filed this action3 against Dr. Laureen Paraguya and 50 Doe defendants on June 29, 2011, alleging causes of action for medical malpractice, fraud, intentional infliction of emotional distress, and negligent infliction of emotional distress. According to the complaint, plaintiff was hospitalized with kidney failure at St. Luke’s in May 2007. While he was there, Dr. Paraguya told him he was not in immediate danger from uremia and therefore did not need to begin dialysis for a number of weeks, which would allow time for plaintiff to establish himself with a doctor at San Francisco General Hospital as an outpatient and receive treatment there. Dr. Paraguya told plaintiff falsely that she had consulted with a nephrologist who had treated him in the past, Dr. Iliya. Dr. Paraguya told plaintiff that Dr. Iliya had seen his test results and did not need to see him unless he was ready to consent to dialysis. However, these statements were false: Dr. Iliya later told plaintiff that he did not consult with Dr. Paraguya about the case in May 2007, that he was not aware of plaintiff’s hospitalization, and that he would have seen plaintiff if Dr.…