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Torts Keyed to Duncan
Morrison v. MacNamara
Citation:407 A.2d 555 (D.C. 1979)
Morrison (plaintiff) went to Oscar B. Hunter Memorial Laboratories, Inc. (defendant) in the D.C. area to have a urethral smear test performed. The test was performed by a clinical technician, Tom MacNamara (defendant). During the test, the plaintiff indicated that he was feeling faint and the defendant had him sit. A few minutes later the defendant asked if it was okay to go ahead with the second test. The plaintiff said yes and stood up, but he fainted when the second test was performed, hitting his head on a metal blood pressure stand and the tile floor. The plaintiff sued the defendants for medical malpractice. During the trial, the plaintiff submitted jury instructions holding the defendants to a national standard of care.
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