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Hahn v. U.S.C. University Hospital5/25/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
INTRODUCTION
After undergoing cervical disc surgery and a subsequent thyroplasty, plaintiff and appellant Susan Hahn (Ms. Hahn) brought this medical malpractice lawsuit. She appeals from a summary judgment entered against her. The issues concern the sufficiency of the declarations submitted in favor of and in opposition to a number of summary judgment motions. We affirm in part and reverse in part.
FACTUAL AND PROCEDURAL BACKGROUND
1. Preliminary Facts
In October 2000, Ms. Hahn suffered a workplace back injury.
On November 4, 2000, Ms. Hahn underwent a MRI of her cervical spine, due to complaints of pain in her spine radiating into her right arm, and additionally due to complaints of numbness, tingling, decreased range of motion, and decreased strength in her right arm. A MRI revealed mild to moderately severe degenerative changes, a large disc extrusion or disc herniation, and there were cervical room compression concerns.
No one informed Ms. Hahn that the MRI also showed an anomaly in her throat (fullness in the region of the base of the tongue centrally and to the right of the midline).
Ms. Hahn underwent a brief course of physical therapy and received epidural injections.
Upon recommendation, Ms. Hahn was referred to defendant and respondent Dr. John Peter Gruen for a surgical consultation.
On February 22, 2001, Dr. Gruen recommended Ms. Hahn undergo an anterior cervical discectomy at the C6-7 level. Ms. Hahn was not informed that the anomaly in her throat might cause a problem during surgery because of the route to be taken during the recommended procedure. She was not informed that there was an alternate route that could be used. Even though the anomaly was found, Ms. Hahn was not referred to an ear, nose, and throat specialist for further evaluation or testing.
On March 5, 2001, Ms. Hahn underwent an anterior cervical discectomy with placement of a bone spacer and synthes plate and screw system. The surgery was performed at defendant and respondent University of Southern California Hospital (USC Hospital) by Dr. Gruen, assisted by defendant and respondent David J. Hart, M.D. At the time, Dr. Hart was a fourth-year neurosurgical resident at USC Hospital.
Prior to surgery, Ms. Hahn signed one page of a multi-page hospital consent form; however, she was not given an opportunity to read it.
While in the hospital after surgery, Ms. Hahn complained that she could not talk, swallow, or cough. She was unable to drink or eat without choking. Her vocal cord was paralyzed. Dr. Gruen did not see Ms. Hahn while she was in the hospital. Ms. Hahn was discharged the day after the surgery. At that time, she was exhibiting mild hoarseness.
Thereafter, Ms. Hahn's father (Dr. Philip Ryan) contacted Dr. Gruen. Upon Dr. Ryan's demand, Dr. Gruen referred Ms. Hahn to Uttam Sinha, M.D. at USC Hospital on April 8, 2001. At that time, Dr. Gruen talked to Ms. Hahn and stated he was " `sorry' and that he had been `in denial' as to the seriousness of condition." Dr. Sinha was associated with defendant and respondent University of Southern California Head and Neck (USC Head & Neck).
Dr. Sinha diagnosed right vocal cord paralysis and recommended a thyroplasty to improve the vocal cord
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