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California Civil Procedure, Keyed to Levine, 6th Ed.
Muller v. Fresno Community Hospital & Medical Center
Citation:
172 Cal. App. 4th 887, 91 Cal. Rptr. 3d 617 (2009)Facts
Manfred Muller, a German-born sculptor, was severely injured on October 28, 1999, when his car rolled over on Interstate 5. He was taken to Fresno Community Hospital where he was treated by Drs. Davis and Shantharam for broken bones in his left hand, among other injuries. Plaintiffs alleged that danger signals indicating compartment syndrome appeared on October 31, 1999, and intensified through November 1, but were not diagnosed or treated. After thirteen days, Muller was transferred to Daniel Freeman Hospital and then to UCLA Medical Center, where his left arm was amputated below the elbow. Muller and his wife sued multiple defendants for medical negligence. At the second trial, defense experts testified for the first time that the below-elbow location of the amputation ruled out compartment syndrome because such a syndrome would kill all muscle in the compartment, requiring above-elbow amputation. The trial court excluded plaintiffs’ attempt to call Dr. London as a rebuttal witness on this theory.
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