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Torts Keyed to Miller
Ybarra v. Spangard
Citation:
25 Cal.2d 486, 154 P.2d 687 (1944)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Ybarra (Plaintiff) suffered paralysis in his arm from a surgery that multiple doctors including Spangard (Defendant) performed. Ybarra sued all of the doctors for negligence. Ybarra had been diagnosed with appendicitis and received an operation. Before the operation, the anesthetist positioned the plaintiff’s shoulders against two hard objects that supported his neck and shoulders and then administered the anesthetic. After the operation, the plaintiff experienced pain in his shoulder, which eventually turned into paralysis and loss of function in his right arm.
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Topic Resources
Topic Outline
NegligenceTopic Refresher Course
Negligence: Res Ipsa Loquitor (The Thing Speaks for itself)