Marguerite F. Freeman, Appellant v. X-Ray Associates, P.a. and Randall W. Ryan, M.d., Appellees

Summary

The court held that a liver biopsy is a surgical procedure under the medical-negligence statute and that retrieving kidney tissue while intending to obtain liver tissue constitutes performing that procedure on the wrong organ, even if the error was inadvertent. Because those circumstances created a statutory inference of negligence and the defense evidence did not conclusively rebut it, the directed verdict was improper and the jury must decide whether the inference was overcome.