Torts Keyed to Dobbs
Ybarra v. Spangard
Facts
Plaintiff was diagnosed with appendicitis and was scheduled for surgery. After being given an injection, and in the course of preparation for surgery members of the surgical team adjusted Plaintiff, so that his back rested against two hard objects. After surgery, Plaintiff complained of neck and back pain. He testified that prior to the operation he had never had any such pain, nor had he suffered any injury that might have been the cause. His condition worsened, eventually resulting in paralysis. The evidence established that his condition was the result of trauma. He brought suit.
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