Berg v. Wiley

Order unanimously reversed, without costs, and motion denied. Memorandum: Defendant Wiley performed surgery upon plaintiff, Jo Ann Berg, on April 2, *7341966 for a herniated disc. She was released from the hospital on May 2, 1966 and was subsequently readmitted for a bilateral laminectomy operation which was performed on December 27, 1966 by the same doctor. On September 23, 1967 this action for medical malpractice was commenced against defendant Wiley by service of a summons and complaint. The ad damnum, clause in the complaint requested $185,000. Wiley served an answer and demand for a bill…