Orozco

BACKGROUND

While a resident of Coalinga State Hospital, appellant was diagnosed with hernias. Respondent performed corrective surgery. When respondent saw appellant for his postoperative visits, appellant complained of testicular pain. Respondent noted the presence of a small hydrocele, i.e., scrotal swelling, but appellant’s physical exams were otherwise normal. Appellant filed the underlying action against respondent, Coalinga State Hospital and the Department of Mental Health, alleging causes of action for professional negligence, failure to provide adequate facility equipment and personnel, abuse of a dependent adult, and deliberate indifference to rights (42 U.S.C. § 1983). Regarding the professional negligence claim, appellant alleged that respondent was negligent for failing to place a drain at the surgical site resulting in hematomas, a hydrocele, constant pain and sterility. Following numerous demurrers and motions to strike filed by all three defendants, appellant filed his fourth amended complaint. This complaint alleged causes of action for professional negligence against all defendants, failure to provide adequate facility equipment and personnel against Coalinga…