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BERRY v. BRANNER

245 Or. 307 (1966)

421 P.2d 996

BERRY v. BRANNER

Supreme Court of Oregon.

Reversed December 28, 1966.

Attorney(s) appearing for the Case

Robert G. Sevier, La Grande, argued the cause and filed the brief for appellant.

William H. Morrison, Portland, argued the cause for respondent. With him on the brief were David C. Landis, and Morrison and Bailey, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

Plaintiff instituted an action against defendant claiming damages because of alleged medical malpractice. She claimed that in June of 1956 defendant performed a hysterectomy upon her and negligently left a surgical needle within her abdomen and:

"* * * That, approximately two months after said operation, plaintiff experienced great pain in her lower back and upper leg. Said symptoms did not indicate a problem lying...

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