Hale

Plaintiff appeals from a judgment of nonsuit in a medical malpractice action arising out of surgery performed by defendant on plaintiff.

Facts

Plaintiff, Joni Hale, had a history of her left knee slipping out of joint since 1968. Her care was ultimately taken over by defendant, Dr. Ralph J. Venuto, an orthopedic surgeon who recommended corrective surgery after plaintiff suf fered a major dislocation of the left kneecap in July of 1975. As a result of this surgery, plaintiff suffers from combined peroneal and tibial palsy of her left foot, a condition evidenced by numbness in her big toe and three adjoining toes, the numbness extending about half way up her foot on both the top and the bottom.

There is conflicting evidence as to the type of warning defendant gave plaintiff prior to surgery in regard to postoperative complications. Both plaintiff and defendant testified that plaintiff was advised that she might still experience postsurgical knee problems, including inability to walk altogether. Defendant, however, disputes plaintiff’s testimony that she was not specifically warned about possible postsurgical numbness to either her left leg or foot.

The surgery was…