Phinney v. Vinson

Plaintiffs appeal from a summary judgment entered against them in a medical malpractice action. They argue that an admission by defendant doctor was sufficient to avoid summary judgment on liability. Defendant performed a transurethral resection of the prostate upon plaintiff Robert Phinney, but recurring pain caused the need for another operation by a different doctor. Following this operation, defendant allegedly said that the second doctor told him that he had performed an “inadequate resection” and he apologized to plaintiff “for his failure to do so.” Plaintiffs argue that this…