Friday, October 10, 2014

Ybarra v. Spangard case brief summary


Ybarra v. Spangard case brief summary

F: TC ruled in favor of D, P appealed.
Prior to the operation by D, P never had any pain on the part of his body, but when P awoke he felt a sharp pain,
and finally he was unable to rotate the part of his body.
I: In circumstances where multiple employees of hospital had control over patient’s body or the instrumentalities which might
have caused the injuries, but do not precisely know who is the proximate cause of the pateint’s injury, doctrine of res ipsa
loquitur still applies as to the element of exclusive control and management of the D
R: where a P receives unusual injuries while unconscious and in the course of medical treatment, all those Ds who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of negligence under the doctrine of res ipsa loquitur
no one exclusively control over the patient’s body, nevertheless, Group liability (very radical decision)
A: Every Ds who had control over the P’s body for any period was bound to exercise ordinary care to see that no unnecessary
harm came to him, and each would be liable for failure in this regard.
The injury was distinctly a part of his body not subject for treatment, nor within the area covered by the operation.
Unless the Drs and nurses in attendance voluntarily chose to disclose the identity of the negligent person liability would be impossible to determine, and absolute liability would be the result, irrespective of negligence.
C: reversed

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.