Silver

In 1981, Dr. Timothy A. Miller, a plastic surgeon, commenced a lawsuit in municipal court against his patient Rose Silver to collect $1,827 in fees past due for reconstructive surgery involving a breast prosthesis implant. Thereafter, Rose and her husband Robert, an attorney, appearing in propria persona, filed a cross-complaint for medical malpractice against Dr. Miller and his professional corporation. The couple sought general damages in the sum of $5 million. Since the cross-complaint exceeded the jurisdictional limit of the municipal court, the matter was accordingly transferred to the superior court. There, Dr. Miller filed a motion for summary judgment against the cross-complainants. The trial court granted the motion. The Silvers now appeal. We reverse.

Essentially, the cross-complaint alleged that the doctor misrepresented the degree of pain and scarring entailed in the operation. It also charged that because of Dr. Miller’s purported negligence, Rose’s body rejected the prosthesis requiring her to endure two more painful implant operations. The pleading further alleged that Robert suffered damages from the loss of his wife’s comfort, society, and affection…