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Torts Keyed to Underwood
Kern v. St. Joseph Hospital
Citation:697 P.2d 135 (N.M. 1985)
The plaintiff’s husband received external beam radiation therapy for cancer of the bladder. The treatments were administered by the defendant Simmons. The plaintiff and her husband were told that the therapy would consist of 30 treatments of radiation. After the husband received 25 treatments, however, the therapy was discontinued without explanation. When the plaintiff and her husband asked the defendant Simmons the reason for the early termination of the therapy, the doctor did not respond. The husband later died. The cause of death listed on the death certificate was sepsisurinary tract infection due to or as a consequence of irradiation cystitis and proctitis and/or urinary bladder cancer. The plaintiff later saw information in a newspaper article about how excessive radiation administered at the hospital that the defendant Simmons worked at, could have caused the decedent‘s death.
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