Kennedy V - Summary The Torts Process PDF

Preview

Summary

Case Brief...

Description

Kennedy v. Parrott Plaintiff: Kennedy (patient) Defendant: Parrott (doctor) PROCEDURAL HISTORY 1. Plaintiff filed a suit against the defendant for alleged unauthorized operation. 2. Defendant filed a motion for judgment and involuntary non-suit; 3. The court granted this motion; 4. The plaintiff appealed this motion; 5. The appeal was affirmed. SUMMARY OF FACTS  The plaintiff consulted the defendant, a surgeon, and he diagnosed her as having appendicitis and recommended an operation to which she agreed.  During the surgery he discovered some large cysts on her left ovary and he punctured them.  After the operation the plaintiff developed phlebitis in her leg.  She testified that the defendant told her that while he was puncturing the cyst in her left ovary he cut a blood vessel and caused her to have phlebitis and those blood clots were causing the trouble.  The defendant told this to Dr. Tyndall as well, he also recommended that the plaintiff go to Duke Hospital and he would pay the bill. ISSUE Did the plaintiff have the right to recover resulting from unauthorized operations performed by the defendant? HOLDING The plaintiff’s testimony fails to make out a case for a jury on the theory she brings her appeal to this court. The judgment entered is affirmed. REASON No show of damage, just asserts that it was unauthorized. It was the duty of the surgeon to make this call, according to the modern rule. They can lawfully perform and it is their duty to perform such operation as good surgery demands, even when it is further than anticipated. ADDITIONS This wasn’t a situation where he knew what he was going to have to do when he went in. If he knew that they were there, he would have had to get her consent before the operation. If I know what I have to do, and don’t tell you, then I can’t do it whenever I operate unless it is an emergency....