Torts Keyed to Epstein
Ybarra v. Spangard
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff consulted Dr. Tilley (Defendant) who diagnosed his ailment as appendicitis. An appendectomy was to be performed by Dr. Spangard (Defendant). Plaintiff was given a hypodermic injection and was awaken by Dr. Tilley and Dr. Spangard to be wheeled into the operating room by nurse Gisler (Defendant). Dr. Reser gave Plaintiff an anesthetic and Plaintiff lost consciousness. The next morning, Plaintiff regained consciousness and was accompanied by special nurse Thompson (Defendant), and another nurse who was not a party to the suit. When Plaintiff regained consciousness, he felt a sharp pain in his right shoulder. Prior to the appendectomy, Plaintiff did not have pain or a prior injury to his right shoulder. The condition grew worse and Plaintiff developed paralysis and atrophy of the muscles around his shoulder. Plaintiff sued Defendants for negligence. The trial court entered judgments of nonsuit as to all defendants. Plaintiffs appealed. Plaintiff’s theory is that there i s sufficient evidence for the application of the doctrine of res ipsa liquitur.
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Topic Resources
3m 43s