Burke v. Capello

DeBRULER, Justice.

Myra Burke and Jim Burke, her husband, brought a medical malpractice action against Dr. William N. Capello, an orthopedic surgeon. The trial judge granted summary judgment for the defendant doctor. A divided Second District affirmed with unpublished opinions. The Burkes' petition to transfer is granted and the opinion of the Second District is vacated.

Here, the doctor performed an operation replacing Mrs. Burke's hip. Several weeks later, upon examination precipitated by exceptional pain, it was discovered that a fragment of cement used when affixing the prosthesis had been…