Plaintiff suffered an injury to his right peroneal nerve while he was unconscious having his appendix removed.
Plaintiff required an emergency appendectomy by Dr. Switzer at a CA Public hospital. Plaintiff was anesthetized by Dr. Rosen. Plaintiff awoke the next morning in his hospital room attended by two nurses. When Plaintiff awakened he had a drop foot on the right lower extremity. After his release from the hospital Plaintiff’s drop foot did not improve and his EMG/NC was diagnostic for a right peroneal neuropathy across the fibular head. Dr. Rosen and the nurses were employed by the hospital, and Dr. Switzer is an independent contractor.
During discovery which included depositions of Dr. Rosen, Dr. Switzer, and two nurses, there was no testimonial evidence to support negligent conduct that could have caused the peroneal neuropathy