Mitchell v. Hadl

LAMBERT, Justice.

This Court granted discretionary review of the opinion of the Court of Appeals reversing the trial court's summary judgment for appellant. While not presented by the parties as such, we believe the decisive issue is whether appellee presented sufficient evidence of appellant’s negligence to avoid summary judgment.

Appellee was seen by his family physician, Dr. Christian, complaining of abdominal pain. He was referred to appellant, Dr. Mitchell, a Board-Certified general surgeon, for further examination. To verify a provisional diagnosis of appendicitis, exploratory surgery was…