Mitz v. Stern

This is a medical malpractice action brought by plaintiff, Harold Mitz, against defendant, Dr. Julian Stern. On November 21, 1968, a jury found in favor of plaintiff and awarded him $30,000 damages. Defendant’s motions for judgment notwithstanding the verdict, or, in the alternative, for a new trial were denied. Defendant appeals the trial court’s denial of these motions.

Plaintiff was referred to defendant when he developed difficulty urinating. Defendant, a specialist in urology, informed plaintiff that surgery was required to correct this problem. After the trans-urethral resection…