Harvey v. Fridley Medical Center, P.A.

YETKA, Justice

(dissenting).

There was, in my opinion, adequate testimony that the X-rays should have been consulted before surgery at Fridley Medical Center. A portion of Dr. Perry’s testimony not specifically cited in the majority opinion was this:

Q. What is your opinion?

A. I think that a surgeon who is going to explore an area of the body for a foreign body ought to look at the X-rays themselves.

Of course, in this case, the doctors at the Stillwater Clinic did consult the X-rays, did locate the more than one inch-long, wedge-shaped piece of glass, and did remove it. The action speaks for itself. If Fridley Clinic had consulted the X-rays, it is reasonable to assume they too would have located the object and removed it.

Therefore, I would reverse and remand for a new trial.