Shah v. Moss

*848Justice O’NEILL,

joined by Chief Justice PHILLIPS, Justice ENOCH, and Justice HANKINSON, dissenting.

Moss was referred by another opthal-mologist to Dr. Shah in 1991 for the specific purpose of treating Moss’s detached retina. To keep the retina in place, Shah surgically installed a scleral buckle. Moss experienced vision problems after the surgery, and Shah surgically removed the buckle in November 1992. Shah saw Moss five times between December 1992 and October 1993, confirming on each occasion that the retina was in place. But by the time Shah saw Moss on November 22, 1994, the retina had…