Facts

Plaintiff Kenneth R. Weitzman, 72, underwent an excision surgery and skin graft on the bridge of his nose, following a recurrence and re-diagnosis of a basal cell carcinoma. Dr. Ronald Gemberling performed the procedure. Plaintiff then sued Dr. Gemberling and his office, alleging medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Dr. Gemberling removed too much tissue and that the subsequent skin graft left him was a mismatch. He claimed that he was left with a poor cosmetic result that left him with a visible defect. He argued that Dr. Gemberling assured him that the skin graft would match and not be visible, and claimed that Dr. Gemberling failed to properly perform the procedure, and failed to obtain plaintiff's informed consent.

DEFENDANT'S CONTENTIONS:
Dr. Gemberling denied that he assured plaintiff a good cosmetic result and that the mismatch was due to plaintiff's chronic skin damage, which prevented a good cosmetic result. He also argued that the defect was due to the large size of the tumor.

Result

The jury found that Dr. Gemberling was not negligent and that he obtained informed consent, and returned a defense verdict.