The plaintiffs brought a motion to substitute or add three doctors as defendants in a medical malpractice action arising from a hypoxic brain injury suffered by the infant plaintiff following a VP shunt revision.
The plaintiffs sought to substitute Dr. Caird for 'Dr. James Doe' under the doctrine of misnomer, and alternatively to add him and two other doctors based on discoverability.
The court allowed the substitution of Dr. Caird, finding the litigation finger clearly pointed at him as the only resident on call during the relevant time.
The motion to add the other two doctors was dismissed as the evidence showed the plaintiff's mother did not call the hospital on the days they were working.
