Dr. Gregory B. Nazar removed a malignant tumor from Roe Branham’s brain on February 27, 2000. The surgery was a success, but shortly afterward Branham began to experience pain in his head. The pain was dismissed as being a side effect of the surgery. The pain continued for several weeks, and a medical assessment uncovered a Durahook (a small, metallic object used to hold soft tissues apart) that was left in Branham’s scalp during the surgery. On August 10, 2000, the hook was surgically removed without complications. The second procedure cost Branham $11,900. What would Branham have to prove to win a case based on medical malpractice? Who ultimately won the case? Nazar v. Branham, 291 S.W.3d 599 (Ky. 2009).
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