Torts Keyed to Goldberg
Johnson v. Riverdale Anesthesia Associates
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Clair Johnson passed away after a severe physical reaction to anesthesia during surgery that resulted in a deprivation of oxygen. Clair’s husband, Donald Johnson, and the administratrix of her estate (collectively Plaintiffs) brought suit against Clair’s anesthesiologist, Lawhead, and Lawhead’s employer, Riverdale Anesthesia Associates (collectively Defendants) in state court. Plaintiffs claim that Defendents failure to “preoxygenate” Clair before the surgery, which would have given her a reserve of oxygen in the event that her supply would be disrupted, was a breach of the standard of care, thus medical malpractice. Both Plaintiffs and Defendants relied upon medical expert witnesses. Plaintiff intended to question Defendant’s expert, Caplan, about his personal practice of preoxygenating patients. Evidence revealed that Caplan would have preoxygenated Clair had she been his patient. Defendant motioned in limine to preclude that line of questioning by Plaintiff. The trial court sustained the motion, and the jury found in Defendant’s favor. The appellate court affirmed the judgment. Plaintiff appealed.
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