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Health Law Keyed to Furrow
Shorter v. Drury
Facts
Shorter's (Plaintiff) decedent carried a fetus that had died but not miscarried, and had to be surgically removed. The decedent was a Jehovah's Witness and on religious grounds she opposed blood transfusions and made it clear she did not want one. She signed a standard refusal to permit a transfusion, which included a clause releasing the providers of responsibility for consequences that could result. The decedent began to bleed internally during the procedure. She continued to refuse a transfusion and as a result, she bled to death. Plaintiff sued for malpractice. The jury held the surgeon, Drury (Defendant), negligent. The jury found 75 percent of the damages resulted from the decedent's refusal of a blood transfusion and awarded a net amount of $103,000.00, 25 percent of the gross verdict of $412,000.00. Plaintiff appealed.
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