Landerman v. Hamilton

VAN DYKE, J.† This is an appeal from a judgment of the Superior Court of Sutter County based on a defense verdict of a jury in an action brought by plaintiff to recover damages for injuries alleged to have been sustained by her as the result of the malpractice and negligence of defendants.

Plaintiff, as a patient of defendant Doctor James Hamilton, entered the Fremont Hospital for corrective surgery involving removal of the cervix and a tissue buildup in a “banjo string” at the opening of the vaginal vault. Preoperative examination by Doctor Hamilton disclosed no abnormalities of her upper and lower extremities. The operation was performed under general anesthesia. Plaintiff regained consciousness and immediately complained of severe pain in her legs and hips. This pain continued during her stay in the hospital from August 10 to August 28, 1960, and thereafter. She was seen by Doctor Hamilton concerning these pains and he directed certain exercises which brought no relief. She consulted another doctor in the area at which time X-rays were taken. The pains were not relieved. Finally, she went to the University of California Hospital about November 15 [784]where she was treated hut the pain still persisted. On February 14, 1961, she consulted Doctor Sanderson who performed a laminectomy fusion of the fourth and fifth lumbar vertebrae to correct a protruded degenerated intervertebral disc. This surgery brought relief.

Doctor Sanderson, called by plaintiff, gave it as his opinion that the degenerative process affecting the disc had been going on for a number of years unknown to her; that there was nothing in her history or the preoperative examinations that should have acted as a warning of this disc condition to the surgeon. He further testified that in his opinion the condition of the disc at and before the time of surgery was such that a protrusion of the disc could be caused by some simple thing like sneezing or retching or vomiting, or reaching over to pick up a handkerchief, or to tie a shoe, or reaching down to turn on a hydrant to water a lawn: and that the injury could have happened during the normal course of the operation without negligence on Doctor Hamilton’s part. But he also gave it as his opinion that the disc protrusion occurred in the interval between going into surgery and regaining consciousness with the pain in the back. There was detailed testimony that in all that was done by the hospital, or during surgery by the surgeon, approved practices were followed, and that if we accept as a fact that the disc protrusion did occur during that period, it was not through actionable negligence of the hospital or the surgeon. As Doctor Hamilton testified in his defense, “. . . I did nothing, and I know [of] nothing else being done during her entire stay in the hospital that could have ruptured this disc. ’ ’