Can a plaintiff continue to pursue a separate medical malpractice action for the same reason?

Although we sympathize with plaintiff's situation, "[a] malpractice action may not be pursued piecemeal." (Bennett v. Shahhal (1999) 75 Cal.App.4th 384, 391.) Because the prior and present actions are based on a violation of the same primary right, the present action is barred under the doctrine of res judicata. The trial court thus properly sustained the demurrer without leave to amend.

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The judgment of dismissal is affirmed. Defendants are awarded their appellate costs.