Schwartz v. Abay

Marquardt, J.:

John E. Schwartz appeals the trial court’s decision granting summary judgment to Dr. Abay.

The facts of this case are largely undisputed. Dr. Abay performed back surgeries on Schwartz in May 1995, on January 10, 1996, and June 10, 1996. Schwartz signed a consent for a “right L4-5, L5-S1 widening laminectomy excise recurrent disc interbody fusion right” to be performed on June 10,1996. After the surgery, Dr. Abay admitted that he had mistakenly performed a discectomy and fusion at L3-4 and removed “at best . . . 60 to 70 percent of the disc.”

Schwartz filed a petition alleging that…