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Harnish (P) underwent cosmetic surgery to remove a tumor on her neck. Her hypoglossal nerve was severe, and that resulted in permanent loss of tongue function. P sued Children's (D) for negligence in failing to inform her of the risks of the operation and misrepresentation. P claims that the risk of her loss of tongue function was foreseeable. P did not claim that the surgery was performed improperly. A medical malpractice tribunal held that P's claims were not strong enough to get to a jury and the trial judge dismissed the action. P appealed.

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