Hoffman v. Rockey

Plaintiff appeals from a judgment for defendant in this action to recover damages for medical malpractice. He assigns as error the trial court’s failure to give a requested jury instruction and its directing of a verdict in defendant’s favor as to one of plaintiffs allegations of negligence.

Defendant, an orthopedic surgeon, performed an osteotomy 1 on plaintiffs lower right leg on December 15, 1974. Shortly after the surgery the leg became infected. A metal plate which had been implanted during the osteotomy was removed on June 25, 1975, because, due to the infection, the bone was not…