Zavala

Plaintiff Elydia Zavala appeals from a judgment of nonsuit in her medical malpractice action against defendants. We affirm the judgment.

On March 18, 1987, plaintiff filed a complaint in which she alleged that physician Judith Brillman failed to properly diagnose and treat plaintiff on June 5, 1986. Plaintiff claimed that, as a result of this alleged negligence, necessary surgery was delayed, causing her permanent damage. Plaintiffs attorney verified the complaint on information and belief for the stated reason that plaintiff “is absent from the county in which I have my office.” Defendants filed an unverified answer to plaintiffs complaint. Trial commenced on March 9, 1992. Defendants moved for nonsuit after plaintiffs opening statement. The motion was denied. After the completion of opening statements, plaintiff asserted that nonsuit was precluded because defendants had failed to file a verified answer to the complaint. The court did not rule on plaintiffs assertion at that time.

Plaintiff then presented the testimony of plaintiffs mother, Ann Zavala. Ann testified that plaintiff had a shunt implanted in her brain in 1981. Thereafter, the shunt was surgically adjusted…