By this point, he and his wife had moved from San Francisco to Palo Alto to be closer to the Palo Alto Clinic, where both were receiving treatment. Then, in 1959, Patchen noted in the letter quoted above that another surgery at the Presbyterian Medical Center of San Francisco ended in disaster. He wrote, "During surgical procedure for my throat, and while under complete anesthesia, I suffered another slipped disc." Though he was heavily sedated during the procedure, Patchen suspected that he had been dropped at some point during the procedure (though he couldn't prove it). Tragically, the mishap left him in considerably more pain and disabled for the rest of his life. In 1963, he sued his surgeon for medical malpractice and lost.