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Torts Keyed to Dobbs
Salinetro v. Nystrom
Facts
Anna Salinetro sustained back injuries in an automobile accident and applied for personal injury benefits from her insurer, State Farm Mutual Automobile Insurance Company (State Farm). State Farm required Salinetro to submit to a medical examination and on December 10 Dr. Nystrom of her lower back and abdominal area took x-rays. He did not inquire as to whether she was pregnant. Salinetro did not know that she was pregnant at the time of the x-ray; her doctor confirmed the pregnancy after multiple tests, and she was advised to terminate pregnancy because the fetus had been exposed. She underwent a therapeutic abortion and the pathology report stated the fetus was dead at the time of the procedure. She filed suit for medical malpractice.
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