Verdicts

Because the actions complained of took place post-operatively, and did not involve the provision of healthcare services, the statute of limitations applicable to this action against an anesthesiologist was that applied to common-law torts, and the suit was not untimely filed. So v. Shin, (1/3/13) 2013 Cal. App. LEXIS 3.

In September 2008, the plaintiff underwent a dilation and curettage (D&C) procedure following a miscarriage. She was fully anesthetized for the procedure, but claims the anesthesia was inadequate, and that she awoke and felt pain and heard a sucking sound. Later, in the recovery room, she confronted the anesthesiologist with this information. In her August 2010-filed complaint seeking damages from the anesthesiologist and hospital for negligence, among other things, the plaintiff claimed the doctor became angry during their discussion, left the room and returned with a vial. Then, according to the complaint, the anesthesiologist allegedly “stated words to the effect that Plaintiff could see that it was only blood which was suctioned therefore, there could not have been any pain. SHIN had come within a few inches of Plaintiff and motioned as though she was going to drop the container in Plaintiff's lap. When SHIN made those comments and movements, Plaintiff realized that the contents of the container were Plaintiff's blood and possible fragments of body parts of her dead baby. Plaintiff nearly fainted and screamed at SHIN to get away from her. ['] ' Realizing what she had done in her state of anger, [the anesthesiologist] came even closer to Plaintiff with the container still in her hand and tried to touch Plaintiff, and did touch Plaintiff's hands, arms and shoulders. Plaintiff[,] in a state of shock, kept screaming and crying for [the anesthesiologist] to get out of the room. [The anesthesiologist] left, but then later returned and asked Plaintiff to keep quiet about what had just happened and not to discuss the situation with the hospital. [The anesthesiologist] again touched Plaintiff, grabbed Plaintiff's hand and told Plaintiff she should keep quiet about what had just happened.”