Kerr v. Bock

Opinion

McCOMB, J.

Plaintiff appeals from a judgment in favor of defendant in a medical malpractice action.

Facts: Plaintiff, a 67-year old woman in generally good health, consulted a doctor because of a pain in her left leg. X-rays revealed a tumor on her left femur, and the radiologist diagnosed probable osteogenic sarcoma. A biopsy was scheduled. During the surgery, performed by defendant February 7, 1963, a portion of the bone was removed. Subsequent tests' revealed that the tumor was not malignant, but that fact was not known at the time of the surgery.

There is a conflict in the evidence as…