Osuna

BACKGROUND

Before the hernia developed, in October 2015, Dr. Chalekson performed a mastectomy on plaintiff. As part of this surgery, Dr. Chalekson relocated tissue from plaintiff’s abdomen to her chest. He then implanted a mesh in the abdominal donor site to prevent hernias. But in April 2016, plaintiff developed a “knot on the left side of her belly button and became very sick, with vomiting and nausea.” She presented to the emergency room at a hospital in San Luis Obispo where she underwent a CT scan. A doctor there

Undesignated statutory references are to the Code of Civil Procedure.

2 diagnosed her with a hernia and referred her back to Dr. Chalekson for further evaluation. When plaintiff returned to Dr. Chalekson, he rejected the hernia diagnosis, deeming it impossible given his use of mesh to reinforce her abdomen. Plaintiff’s symptoms did not go away. On August 8, 2018, more than two years after the onset of her hernia, plaintiff saw Dr. Tan at City of Hope Comprehensive Cancer Center in Duarte. Dr. Tan assessed her symptoms as normal complications of the procedure Dr. Chalekson performed and recommended diet and exercise. Plaintiff took Dr. Tan’s advice to…