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Hinson v. Clairemont Community Hospital3/15/1990
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE
No. D006876
1990.CA.41005 ; 218 Cal. App. 3d 1110; 267 Cal. Rptr. 503
March 15, 1990
LINDA HINSON, PLAINTIFF AND APPELLANT,
v.
CLAIREMONT COMMUNITY HOSPITAL ET AL., DEFENDANTS AND RESPONDENTS
Superior Court of San Diego County, No. 501518, Robert C. Thaxton, Jr., Judge.
Thompson & McIntyre, Lowell, Robbin & McIntyre, Lowell, Robbin, Hamilton & McIntyre, Monty A. McIntyre, Lann G. McIntyre and Mitchel J. Olson for Plaintiff and Appellant.
Jennings, Engstrand & Henrikson, Douglas R. Reynolds, James J. Wallace II, Hollywood & Neil and Robert W. Frank for Defendants and Respondents.
Opinion by Kremer, P. J., with Wiener and Froehlich, JJ., concurring.
Kremer
Linda Hinson appeals an adverse judgment on her complaint against Dr. Harrison Robbins and Clairemont Community Hospital for medical malpractice. On appeal, she contends the court erred in excluding evidence relevant to Robbins's skill and training; in applying Evidence Code section 1157 to deny her discovery requests; in bifurcating the issues of the hospital's corporate liability from the doctor's malpractice; and in applying Civil Code section 1431.2 relating to the allocation of noneconomic damages. Hinson also contends the jury's verdict is not supported by substantial evidence. We conclude reversible error did not occur and therefore affirm.
Facts
On August 12, 1981, at Clairemont Community Hospital, Robbins operated on Hinson's nose and inserted an implant into her chin. The operations were to correct breathing problems and to improve Hinson's appearance. There were no apparent complications during the surgery. After the operations, Hinson's nose was asymmetrical, pulled up and very narrow and the chin implant was off-center, on the right side of her chin.
On December 7, in his office, Robbins removed the chin implant, trimmed a portion of the right side of the implant and replaced it.
On February 12, 1982, Robbins performed additional surgery on Hinson's nose and chin at Clairemont Hospital. The surgery on Hinson's nose was similar to that originally performed. The problems with Hinson's nose persisted and the chin implant sat very low on her chin. Robbins eventually removed the implant in late March 1982 in his office. Following the removal of the chin implant, Hinson developed an infection.
Robbins "felt badly for her and badly for the result of the surgery." He referred her to Dr. Aronsohn for consultation and additional surgery to
correct the problems with her nose and chin. She saw Aronsohn three times during March and July 1982.
During this period, Hinson also consulted with Dr. Carson Lewis, Dr. Merell Oelsen, Dr. Frank Pavel, Dr. John Alexander and Dr. Gary Lee Nobel. She eventually elected to have Dr. Alexander perform additional surgery.
Alexander performed three surgeries on Hinson. In June 1983, Alexander intended only to release some of the scar tissue in her chin which was "causing a good bit of deformity" but during the operation decided to insert a new implant. In September 1983, Alexander operated on her nose. He noted a lack of "that cartilaginous septum at the membranous septal level," used cartilag
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