Vitner v. Miller

Cooper, Judge.

We granted this interlocutory appeal to determine whether the trial court erred in denying appellant’s motion for summary judgment.

Appellant performed an abortion by suction curettage on appellee on March 11, 1989. A few days later appellee began experiencing pain and bleeding. Her physician in Mississippi determined that appellee retained products of conception despite the first procedure; therefore, she returned to appellant for a second suction curettage on March 15, 1989. According to appellee, after the second procedure, appellant promised her that he had correctly…