Smith v. Clovis Community Hospital & Medical Center CA5

INTRODUCTION

Cassidy Jordan Smith appeals the trial court’s entry of summary judgment in favor of Clovis Community Hospital & Medical Center (“Clovis Community” or the “Hospital”).1 Smith sued Clovis Community and Dr. Gopal Reddy Gade (“Dr. Gade”) for medical malpractice on July 6, 2017. She alleged the “Defendants” sutured her vagina to her large intestine after the delivery of her first child in November 2015, resulting in a “fistula[2 ] between the two organs.” According to Smith, she defecates from her vagina because of this condition. Clovis Community moved for summary judgment, in part, on the ground that Smith “failed to comply with the applicable statute of limitation period within Code of Civil Procedure § 340.5[.]”3 The motion argued Smith discovered her injury on November 24, 2015, because that is the date she was diagnosed with rectovaginal fistula. The Hospital also presented evidence that Smith told a physician assistant on December 2, 2015, she felt her OB/GYN was “negligent.” The trial court granted the motion. It found the evidence established Smith “knew of her injury and at least suspected its negligent cause by December 2, 2015.” Accordingly, the court…