Nature of the Case
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Facts
P gave birth to a normal child. D was the attending physician. Following delivery, because of edema, anemia and other medical complications, he recommended that P have a bilateral tubal ligation, the purpose of which was to avoid future pregnancies. D performed this surgery on June 6, 1970, and her recovery was uneventful. On December 6, 1972 P was hospitalized at Newell Clinic and was attended by Dr. Edgar Atkin. Dr. Atkin discovered that she was pregnant. On March 9, 1973 P was delivered of a premature child, and there were severe complications. P instituted suit on November 15, 1973, three years, five months and nine days after the operation, but approximately eleven months after discovering her pregnancy. P alleges that during the course of this latter surgery it was discovered that the earlier surgery performed by D was negligently and inadequately done and was not performed in accordance with proper standards of care and good medical practice. D plead the statute of limitations and denies that he was guilty of any act of negligence. D also insisted that the operation was properly performed. D also alleged that P assumed the risk of pregnancy by engaging in activities which a reasonably prudent person should have recognized as being conducive to causing pregnancy. D filed a motion for summary judgment. The trial court granted the motion. P appealed.
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