Morris

Plaintiff appeals from a jury verdict in her favor in a medical malpractice action, awarding her $1,708 in damages.

The complaint in this case was filed on January 21, 1977. The basic allegations thereof charged negligence against defendant Frudenfeld and others in the performance of bilateral tubal ligation upon plaintiff on or about June 27, 1974, for the purpose of sterilization. The complaint further alleges plaintiff became pregnant in early 1976.

The case proceeded to trial on or about July 28, 1980, in the Southwest District of the Superior Court of Los Angeles County.

The relevant facts received in evidence were as follows:

A postoperative pathology report prepared by Thomas J. Bassler, M.D., the hospital pathologist, stated that a specimen submitted as a section of the left fallopian tube was not so identified upon analysis, indicating an incomplete tubal ligation.

Plaintiff became pregnant in early 1976, her condition having been confirmed by James Frudenfeld, M.D., a nephew of defendant who maintained his own practice, but had offices in the same medical group as defendant.

Defendant did not recall seeing the foregoing pathology report until after…