Koch v. Sadler

STERNBERG, Judge.

Glen V. Koch, the plaintiff in this medical malpractice and battery action, appeals a judgment entered on a jury verdict in favor of the defendants, Thomas Sadler and Alan D. Hilgenberg. We reverse and remand for a new trial.

The plaintiff, a psychiatrist, alleged that, while hospitalized, he consented to exploratory surgery concerning a possible osteo-myelitic condition of the tenth right rib, but that the surgery resulted in removal of that rib and that the rib was not diseased. He filed suit pro se, but did not serve defendants for nearly three years.

The complaint contained…