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Torts Keyed to Duncan
Mohr v. Williams
Citation:
104 N.W. 12 (Minn. 1905)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The plaintiff sought out the defendant physician due to discomfort she was having in her right ear. The physician defendant examined both of plaintiff’s ears and found issues with each. The physician was however unable to fully examine the left ear because of foreign substances in the ear blocking his view. The plaintiff and defendant agreed to an operation on her right ear to repair its damage, and plaintiff was admitted to the hospital for this purpose.
Once the plaintiff was at the hospital and under anesthesia, the physical more closely examined the left ear, and found that it was in worse shape than the right. The defendant and the plaintiff’s family doctor again examined the right ear and determined that the left was more in need of surgery than the right. The defendant made the decision to operate on the left ear instead of the right without making plaintiff aware of the change.
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