Messex v. Lynch

Smith, Justice.

The appellant, Joyce Messex, developed a lump on her neck and her physician referred her to the appellee, Lawrence J. Lynch, M.D., to have the lump surgically excised so that it could be checked for malignancy. The appellee performed a posterior cervical node biopsy upon the appellant. Thereafter the appellant brought an action for malpractice alleging that during the course of the surgery that the appellee negligently severed her right accessory nerve in her neck causing her permanent injury. The appellee denied any negligence on his part, and moved for summary judgment,…