Tuesday, November 02, 2021

Mitchell v. Las Robles Medical Center (Cal. Ct. App. - Nov. 2, 2021)

Appellant tries to overdose in 2017 by taking 60 Naproxen (Aleve) tablets.  She goes with her husband to the emergency room at 7:23 a.m. and has already vomited twice.  An ER doc takes her history, and a half hour or so later a nurse puts an IV in her arm.  Nearly two hours later, appellant walks to the toilet with her husband and collapses, injuring her face and knee in the fall.  She files suit over these injuries in 2019.

Justice Yegan is right that this lawsuit is barred by the one-year statute of limitations for medical negligence.  That's the underlying claim, so the statute applies.  The trial court got it right too.

That said, it's not exactly a great look for Las Robles Medical Center.  As far as I can tell from the opinion, they basically didn't do anything at all for the patient for over a couple of hours after she shows up after a suicide attempt.  As far as I can tell, no medications, only a cursory review by the doctor, etc.

I know that ERs are often backed up, but seriously?

At least the hospital wins the lawsuit.  Even though it's far from the best advertisement for its ER.