So v. Shin

In So v. Shin (2013) 212 Cal.App.4th 652, a patient underwent a dilation and curettage procedure following a miscarriage, received inadequate anesthesia, and awoke during the procedure, experiencing pain and discomfort. Afterward, she asked the anesthesiologist why she had awakened; the doctor became upset and showed her a container of blood and other materials, and later grabbed her hand and asked her to keep quiet about the incident. (Id. at pp. 657-658.) The appellate court concluded the statute of limitations for medical malpractice did not apply to the plaintiff's claims against the anesthesiologist because the wrongful actions were undertaken for the purpose of persuading the plaintiff not to report her to the hospital, not for the purpose of delivering care to the plaintiff. (Id. at p. 667.)