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Gray v. Tri-City Medical Center2/20/2002
te to consult a lawyer. The rules applied in Duncan do not assist Gray's cause.
C. Reasonable Steps to Protect Gray's Health
Gray asserts that he was justified in delaying the colonoscopy, an invasive procedure, because all that he was reasonably required to do was protect his health. Under the discovery rule stated in Jolly, supra, 44 Cal.3d 1103 a patient does not have to undergo exploratory surgery to find out whether a foreign object is the cause of his injuries. (Ashworth v. Memorial Hospital (1988) 206 Cal.App.3d 1046, 1062 (Ashworth).) "A plaintiff is not required to discover the negligent cause of her injuries at all costs to her own health and welfare. Rather, the plaintiff is only required to take all reasonable steps to protect her health." (Ibid.)
Here, the issue is whether the trial court abused its discretion in concluding Gray did not take all reasonably timely steps to protect his health. Although a colonoscopy is an uncomfortable and invasive exam, it has limited risk, and does not amount to surgery. Further, Carpenter told Gray that the colonoscopy would show whether the ring was in the small intestine, and that if it was, they would have to discuss whether or not to remove it. Determining via a colonoscopy whether or not a foreign object should be left in one's body can properly be evaluated as a reasonable step to protect one's health. We conclude that there was no abuse of discretion on this record.
DISPOSITION
The order is affirmed.
WE CONCUR:
KREMER, P. J.
McCONNELL, J.
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