THOMAS V. METZ
714 P.2d 1205 (1986)
NATURE OF THE CASE: This was a medical malpractice action.
FACTS: Thomas (P) rolled over in bed and experienced pain in her back between her
shoulder blades. Surgery was recommended for the disc herniation from which she suffered.
During surgery, the disc fragments were removed and a bone plug was removed from P's hip and
placed in the spine to fuse the two vertebral bodies. P experienced pain after the surgery
because the bone plug was encroaching on the C-7 nerve root. Another surgery ensued. Pain
continued and another surgery ensued. The pain continued. During trial an expert witness
testified that P suffered from a condition called hysterical conversion; the pain was all in
her mind. D had two experts examine the records and P depositions and they testified that
the plug was done properly. The jury verdict was given to D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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