The California Court of Appeal recently reversed a lower court's decision in a medical malpractice case involving Cecilia Godshall and Dr. Drew Peterson. The court found that there were unresolved issues regarding the timing of Godshall's injury, which affects her ability to pursue her claims against the doctor. This ruling is significant as it allows Godshall to continue her pursuit of justice after the trial court had dismissed her case.
The case, Godshall v. Peterson, was filed under docket number D086572. It stems from an incident in which Godshall alleges that Dr. Peterson performed carpal tunnel surgery on her in 2017, but did so negligently. The outcome of this case could impact not only Godshall but also others who may face similar situations in medical malpractice claims.
Background
Cecilia Godshall, an office support technician for the FBI, sought treatment from Dr. Drew Peterson for carpal tunnel syndrome in 2016. She reported experiencing numbness and tingling in her right hand, which worsened with repetitive activities like typing. After an examination, Dr. Peterson diagnosed her with probable recurrent carpal tunnel syndrome and administered a corticosteroid injection.
When Godshall's symptoms did not improve, Dr. Peterson recommended surgery, which he performed on January 30, 2017. Following the surgery, Godshall reported ongoing symptoms, but Dr. Peterson reassured her that her healing was progressing well. However, in April 2021, Godshall sought treatment from another physician, Dr. Eric Hofmeister, who discovered that the ligament Dr. Peterson was supposed to sever during surgery was still intact.
The Ruling
The California Court of Appeal ruled that the trial court had erred in granting summary judgment in favor of Dr. Peterson and the California Orthopaedic Institute. The appellate court found that there were triable issues of material fact regarding when Godshall's injury occurred and when she became aware of the negligent cause of her continued symptoms.
The court stated, "Because of this latency, a question of fact remains concerning when Godshall became, or reasonably should have become, aware that the operation was the cause of her continued symptoms and when those symptoms were sufficiently appreciable to constitute injury."
The judges on the panel included Presiding Justice McConnell, Justice O'Rourke, and Justice Do. They emphasized that the trial court had incorrectly assumed that the statute of limitations began when Godshall first experienced post-operative pain, rather than considering when she became aware of the negligence involved.
Impact
This ruling has broader implications for medical malpractice cases in California. It highlights the importance of determining not just when an injury occurs, but also when a patient becomes aware of the injury and its cause. The court's decision reinforces the idea that patients may not always recognize the connection between their symptoms and a medical procedure immediately.
The ruling allows Godshall to continue her legal battle against Dr. Peterson and the Orthopaedic Institute, potentially setting a precedent for similar cases where patients experience ongoing issues following medical procedures. It underscores the necessity for courts to carefully evaluate the circumstances surrounding each case, especially regarding the statute of limitations in medical malpractice claims.
What's Next
Following this ruling, the case will return to the lower court for further proceedings. Godshall can now pursue her claims against Dr. Peterson and the Orthopaedic Institute. There is no indication of whether the defendants plan to appeal this ruling, but they may seek to challenge the court's decision in future proceedings.











