I. BACKGROUND
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
WILLIAM SMITH cannot walk, run, stand, or drive. He does not have the use of his legs. He cannot use his left hand or arm. Two years ago, at the age of 62, Mr. SMITH was an active man. He loved to work in his yard and enjoyed traveling. Now he cannot do the things he loves. He is confined to a wheelchair. He has C5 incomplete quadriplegia. He has neurogenic bowels and bladder and must wear a Foley catheter twenty-four hours a day. He has to rely on someone else to help him cook his meals, cut his food, change his clothes, clean his back wound, and drive him to medical appointments and the store. He needs some one to be at home with him in case he falls because he cannot pick himself up. What happened to Mr. SMITH?
II. DEFENDANTS
There are currently four defendants in this case:
A. DR. X, M.D.:
Dr. X is a dermatologist practicing in Roseville. He treated Mr. Smith for many years. For two years preceeding March 23, 2002, he treated Mr. Smith for an open wound on his back that would become the focus of this litigation.
B. ABC HOSPITAL:
ABC HOSPITAL is a hospital operating in Roseville, California. Mr. Smith sought treatment on March 23, 2002, at ABC HOSPITAL for excruciating back pain secondary to the open back wound Dr. X had been treating. When Mr. Smith entered the hospital on March 23, 2002 he was ambulatory.
On March 25, 2002, while still under the care of the medical staff at ABC HOSPITAL he was discovered to be quadriplegic. (See Part 2 of 23.)
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