Supreme Court of Vermont February 14, 1992, 91-148 (Phinney v. Vinson)

Plaintiffs appeal from a summary judgment entered against them in a medical malpractice action. They argue that an admission by defendant doctor was sufficient to avoid summary judgment on liability. Defendant performed a transurethral resection of the prostate upon plaintiff Robert Phinney, but recurring pain caused the need for another operation by a different doctor.