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California Civil Procedure, Keyed to Levine, 6th Ed.
Fuller v. Tucker
Citation:
84 Cal. App. 4th 1163, 101 Cal. Rptr. 2d 776 (2000)Facts
Annie Fuller, an illiterate patient, was admitted to Long Beach Memorial Hospital on November 13, 1995, for bladder lift surgery performed to correct bladder problems. During the surgery, Fuller sustained a significant nerve injury that eventually paralyzed her right lower extremity. Dr. James Tucker served as the anesthesiologist who administered anesthesia during Fuller’s surgery, though his name did not appear on the anesthesia consent form that Fuller signed without reading. Immediately after surgery, Fuller noticed extreme weakness in her right leg. Multiple physicians, including neurologists, were consulted but could not specifically diagnose why Fuller could not walk or definitively identify what caused the nerve injury. Fuller believed she had been injured by the “operation” itself. Fuller filed a medical malpractice complaint alleging improper injection and positioning during surgery preparation, but the complaint did not name or refer to Dr. Tucker. After the statute of limitations expired, Fuller filed a Doe amendment naming Dr. Tucker pursuant to Code of Civil Procedure section 474.
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