Surabian
Surabian v. Lorenz
Opinion
Opinion
Stone, J.
Plaintiff appeals from a judgment entered upon a verdict returned pursuant to an order directing a verdict. The order directing verdict and the verdict being nonappealable, the purported appeal therefrom is dismissed. (Code Civ. Proc., § 963.)
Plaintiff had been a patient of defendant prior to December 11, 1959, when defendant, preparatory to filling a tooth in her lower left jaw, hypodermically administered an anesthetic by a mandibular injection. The anesthetic, ravoeaine, in general use by dentists in the community, was purchased from an accredited pharmaceutical concern in individual containers called “carpules” which are discarded after use.
Defendant injected ravoeaine in plaintiff’s mouth with normal results on March 25, May 14, and May 16, but after the December 11 injection plaintiff immediately began to feel uncomfortable, experiencing a severe headache, a rapid pulse, and a feeling of faintness. Defendant quickly inserted a temporary filling in her tooth and then took her to his recovery room, where she lay down. As her headache did not abate, she had defendant call her husband, who took her to the office of her personal physician. Medication was administered by her…