Case Analysis 2: Yabarra v. Spangard

Jun 21st, 2015
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This case is a very good example of how during a surgical procedure a patient can undergo some injuries caused by negligence among either surgeons or the group of doctors/nurses that are involved in it.

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Case Analysis 2: Yabarra v. SpangardKazi MoonmoonHCMG 730November 18, 20121. Which form of negligence best fits this case?This case is a very good example of how during a surgical procedure a patient can undergo some injuries caused by negligence among either surgeons or the group of doctors/nurses that are involved in it. The application of res ipsa loquitur was successfully established in the case as it clearly met all the underlying requirements for it to be proven. According to the textbook there are three underlying elements that are required for res ipsa loquitur to be established: 1. the injury is of such character that it would not ordinarily occur without someone's negligence, 2. The medical professional had exclusive control and management over the instrument or cause of the accident, and 3. The injury could not have occurred as a result of any action by the patient. (McWay, Edge, & Krieger, 2010) It is clear that in the case of absence of direct proof, res ipsa loquitur allows jury to infer negligence under certain circumstances. It is also clear that during a surgical procedure the patient is in no condition to identify who is responsible or what caused the damages. (Abramson & Dugan, 2012) The patient's arm being paralyzed and atrophy of the muscles were the specific damages under consideration. First of all, this type of injury is not supposed to occur after a surgery of the appendix. The anesthetist clearly is the person who must not have us

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