Facts

Plaintiff, a woman in her twenties, consulted with Defendant, a medical doctor, about undergoing a "tummy tuck" surgical procedure to remove stretch marks from her recent pregnancy. Defendant drew a line on Plaintiff's abdomen pointing to the projected location of the incision. Plaintiff understood that the scar would be located at a low point on her stomach below the "bikini line." Following her surgery, Plaintiff discovered that her scar was in the middle of her stomach. Plaintiff subsequently sued Defendant, alleging malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that her high umbilicus was anatomically unusual, requiring Defendant to employ a modified abdominoplasty procedure. Hence, he fell below the standard of care when he failed to use such a procedure. Plaintiff further contended that additional surgery would cost $30,000 to reduce the scar.

DEFENDANT'S CONTENTIONS:
Defendant denied that he promised the incision to occur at the "bikini line" because that phrase failed to describe a specific part of Plaintiff's anatomy. Defendant further contended that he informed Plaintiff of the risks of scarring prior to the surgery and that she consented to the surgery in writing.

Result

Defense verdict.

Deliberation

six hours

Poll

9-3