Porter

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In her first amended complaint (FAC), Regina Porter (Porter or plaintiff) alleges that on December 31, 2010, she fell backwards from a walkway in her apartment complex while making way for a neighbor to pass. She believed she suffered an ankle sprain and did not seek immediate medical attention. Over the next two days, the pain became worse and she went to the Kaiser emergency center on January 2, 2011. She was examined by defendant Dr. Mehraban, who advised her she had an ankle sprain and “prescribed bed rest, ibuprofen, and a pair of crutches.” Plaintiff alleges the pain continued after her visit on January 2. It became “unbearable.” Porter returned to Kaiser on January 18, 2011, where she was treated by a different person, Dr. Grundahl. Grundahl advised plaintiff she sustained a ruptured Achilles tendon when she fell on December 31, and that corrective surgery was needed immediately. Grundahl also reviewed the medical records of her January 2 visit with defendant Dr. Mehraban. On January 26, 2011, plaintiff had surgery on her Achilles tendon and then physical therapy under the direction of Dr. MacLachlan. During August 2011, plaintiff…