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Torts Keyed to Franklin
Ybarra v. Spangard
Citation:
25 Cal. 2d 486 (Cal. Dec. 27, 1944)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Plaintiff (Ybarra) consulted with one of the named Defendants (Dr. Tilley) and was diagnosed with appendicitis. They scheduled an appendectomy. The surgery took place at Dr. Swift’s hospital and was done by the surgeon Dr. Spangard. Both doctors are named defendants in this case. On the day of surgery, the plaintiff went to the hospital and encountered several hospital staff from nurses to doctors. Among them was an anesthesiologist, Dr. Reser, who adjusted the plaintiff on the operating table. The plaintiff recalled laying his back against two hard objects at the top of his shoulders. When the plaintiff woke up from surgery, he experienced sharp pain in his right shoulder, and he testified to not having such pain before.
Plaintiff complained to Dr. Tilley and was given Diathermy treatment while in the hospital. This did not help; in fact, the pain spread down to his lower arm and grew worse upon release from the hospital. Plaintiff could not rotate or lift his arm. He received treatment from Doctor Tilley almost a year out from his surgery and returned to work wearing his arm in a splint. Plaintiff consulted with two doctors about his injuries. The first doctor opined that there was atrophy in his shoulder causing a diminished sensation and that it was the result of trauma or injury by pressure applied between the right shoulder. The second doctor expressed that the plaintiff’s injury was paralysis of traumatic origin not arising from pathological causes and not systematic. The injury resulted in a loss of use and restriction of motion of the right arm and shoulder. Plaintiff sues on claims on Res Ipsa Loquitor.
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