Steger

FACTS AND PROCEDURAL BACKGROUND

A. Allegations of the Complaint

In January 2018, Steger filed a complaint alleging one cause of action for medical malpractice against the Hospital, Dr. John Kasher and Dr. James Kao (collectively “the Doctors”), and other physicians.1 Steger’s complaint alleged that in late October 2016, he was admitted to the Hospital complaining of abdominal pain. While there, the Doctors negligently performed a procedure that perforated his colon. As a result, Steger alleged that he went into septic shock and suffered other injuries that required unnecessary procedures, including the removal of his colon. He further claimed that before the surgery to remove his colon, the Doctors failed to obtain his informed consent for the procedure. Steger also alleged that the Doctors misdiagnosed his condition as ulcerative colitis and failed to refer him to an expert to receive appropriate care. Steger pled that all of the defendants were individually liable and vicariously liable for the conduct of their co-defendants based on agency. The Hospital answered the complaint, denied Steger’s allegations, and asserted affirmative defenses, including that its conduct complied…