Marsh v. Pemberton

CALLISTER, Justice.

This is an action for malpractice and negligence. The defendant, a physician, performed an operation known as “triple arthrodesis” on plaintiff’s left foot and plaintiff alleges improper casting procedures and negligent post-operative care. At the close of plaintiff’s evidence the court dismissed the action with prejudice. From that ruling plaintiff prosecutes this appeal.

The evidence reveals that the plaintiff William Marsh, a married man 23 years of age, had injured his left foot and undergone surgery several years prior to his first consultation with defendant on May 17,…