Biggs v. McDougall

Birdsong, Presiding Judge.

This is a plaintiff’s appeal of grant of summary judgment to the defendant doctor in a medical malpractice case. In his complaint, Biggs alleged as his sole claim of negligence that in performing upon Biggs an operation to remove an infected prostate gland, McDougall “in the course of said operation incised the plaintiff’s external sphincter muscles” (which, it is ultimately alleged, left Biggs incontinent). McDougall answered that the operation was performed to remove a bladder outflow obstruction and denied that he “incised the plaintiff’s external sphincter…