Questione giuridica chiave
Whether the surgeon breached medical duties during preparation and performance of the operation
Decisione estratta
No breach was established; the operation risks materialized without proving negligent conduct, and the alleged CT omission was not shown to be required by medical standards.
Motivazione estratta
The court deferred to the findings that a CT scan was not medically required in 1995 or today and that the surgeon had to expect possible facial nerve contact. The appellant's additional allegations were either unsupported or inadmissible new facts.