Carpenter

FACTS AND PROCEDURAL HISTORY

The Operative Pleading Plaintiff’s original complaint for damages was filed in October 2016. The operative pleading at the time of defendant’s motion for summary judgment was plaintiff’s third amended complaint, filed in May 2018. Although earlier versions of plaintiff’s complaint had sought recovery from various other medical practitioners and entities, the third amended complaint was only against defendant, Dr. Iberdemaj. The causes of action alleged in the third amended complaint consisted of two duplicative claims, one for medical negligence and the other for medical malpractice. Plaintiff was a California prison inmate in Chowchilla, California, at the time of the events alleged in the third amended complaint. The essential facts alleged by plaintiff in the third amended complaint were as follows: On May 13, 2015, defendant (Dr. Iberdemaj) performed a hernia repair surgery on plaintiff whereby a hernia mesh product was implanted into plaintiff’s body. However, according to plaintiff, the surgery was performed in a negligent manner in that the mesh was allegedly placed in such a way that it impeded blood flow to plaintiff’s left

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