Facts: Plaintiff was diagnosed with appendicitis. This page lists people with the surname Ybarra. 251 [7 P.2d 228]; Whetstine v. Moravec, 228 Iowa 352 [291 N.W. (9 Wigmore, Evidence [3d. Ybarra V. Spangard. 1944); Anderson v. Serv. After being rendered unconscious for surgery to correct the problem, he woke up with severe pain in his right sholder. It is applied in a wide variety of situations, including cases of medical or dental treatment and hospital care. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.  Every defendant in whose custody the plaintiff was placed for any period was bound to exercise ordinary care to see that no unnecessary harm came to him and each would be liable for [25 Cal. Res ipsa is particularly applicable in a case involving a patient who is knocked out during surgery. McDougald v. Perry. JOSEPH ROMAN YBARRA, Appellant, v. LAWRENCE C. SPANGARD et al., Respondents. P sued everyone involved in the surgery. In some accidents, the mere fact that the injury occurred suggests that it was caused by negligence. Supreme Court Of California In Bank. (Ales v. Ryan, 8 Cal. Ybarra: Appellant: Ybarra: Defendant: Respondent: ... and made arrangements for an appendectomy to be performed by defendant Dr. Spangard at a hospital owned and managed by defendant Dr. See (Ales v. Ryan, 8 Cal. Pl Arg He never had any pain or injury to his right arm or shoulder prior to the operation. If the doctrine is to continue to serve a useful purpose, we should not forget that "the particular force and justice of the rule, regarded as a presumption throwing upon the party charged the duty of producing evidence, consists in the circumstance that the chief evidence of the true cause, whether culpable or innocent, is practically accessible to him but inaccessible to the injured person." There are seen and unseen costs to any rule. Dr. Spangard (defendant) performed the surgery, Dr. Reser (defendant) was the anesthesiologist seeing the The pain did not cease, but spread down to the lower part of his arm, and after his release from the hospital the condition grew worse. Merch. Additionally, Dr. Spangard enlisted the help of numerous others hospital staff employees. The control, at one time or another, of one or more of the various agencies or instrumentalities which might have harmed the plaintiff was in the hands of every defendant or of his employees or temporary servants. 298]; Maki v. Murray Hospital, 91 Mont. A patient who was unconscious during a procedure should not be held accountable for distinguishing among the defendants to at least reach a jury. of Supreme Court of California opinions. Swift and not of the other doctors. L. A. 2d 260, 268 [127 P.2d 670].) Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Facts: π went into Ybarra v. Spangard , (1944); pg. 2d 82 [64 P.2d 409]; Armstrong v. Wallace, 8 Cal. Defendants takes the position that, assuming that plaintiff's condition was in fact the result of an injury, there is no showing that the act of any particular defendant, nor any particular instrumentality, was the cause thereof. [154 P.2d 687, 162 A.L.R. Copyright (c) 2009 Onelbriefs.com. The case of Ybarra v. Spangard; Negligence as viewed by the justice system Specific examples of res ipsa loquitur The concept of a presumption of the breach of duty Skills Practiced. No. 2d 489] action as an attempt to fix liability "en masse" on various defendants, some of whom were not responsible for the acts of others; and they further point to the failure to show which defendants had control of the instrumentalities that may have been involved. Swift. This is in part due to the tendency, in some decisions, to lay undue emphasis on the limitations of the doctrine, and to give too little attention to its basic underlying purpose. Written and curated by real attorneys at Quimbee. We do not at this time undertake to state the extent to which the reasoning of this case may be applied to other situations in which the doctrine of res ipsa loquitur is invoked. Dr. Reser then administered the anesthetic and plaintiff lost consciousness. Swift. Ybarra v. Spangard - Ybarra v. Spangard was a leading case in California discussing the exclusive control element of res ipsa loquitur. 1258], this court had occasion to consider the application of the doctrine to cases where injury was received by a medical patient while unconscious under the influence of anesthesia. Case name: Joseph Roman Ybarra v Lawrence C. Spangard et. Ybarra v. Spangard ([Supreme Court Of California], ). In Bank. If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by … App. App. 1955 (Hornbook Series), p. Nurse Gislor was responsible for taking him into the operating room, and Dr. Reser was responsible for the anesthesia and for laying Ybarra's body against two hard objects behind his shoulders. 2d 490] arbitrarily precludes its application in many cases where it is most important that it should be applied. Moreover, this court departed from the single instrumentality theory in the colliding vehicle cases, where two defendants were involved, each in control of a separate vehicle. In Bank. Court: Supreme Court of California: Citation; Date: 162 A.L.R. How do you say Ybarra? But we think this juncture has not yet been reached, and that the doctrine of res ipsa loquitur is properly applicable to the case before us. 1072]; Carpenter, 10 So.Cal.L.Rev. Plaintiff appealed. Marion P. Betty and Wycoff Westover for Appellant. (Ybarra v. Spangard (1944), 25 Cal.2d 486, 489, 494 [154 P.2d 687, 162 A.L.R. Ybarra (plaintiff) consulted Dr. Tilley (defendant) about stomach pains. When he awoke early the following morning he was in his hospital room attended by defendant Thompson, the special nurse, and another nurse who was not made a defendant. 251 [7 P.2d 228, 233].). (See Maki v. Murray Hospital, 91 Mont. Ybarra v. Spangard. 518, 60 A.L.R. Finally, it has been suggested that the hospital cases may properly be considered exceptional, and that the doctrine of res ipsa loquitur "should apply with equal force in cases wherein medical and nursing staffs take the place of machinery and may, through carelessness or lack of skill, inflict, or permit the infliction of, injury upon a patient who is thereafter in no position to say how he received his injuries." The general nature of the action and the relation of the several defendants thereto are set out in the opinion of the Supreme Court on the previous appeal (Ybarra v. Spangard, 25 Cal. BACKGROUND. ... Ybarra is seeking damages for injuries that occurred while he was unconscious during surgery. Dec. 27, 1944. [2a] The present case is of a type which comes within the reason and spirit of the doctrine more fully perhaps than any other. One of the most interesting aspects of Ybarra vs. Spangard from a legal perspective is reasoning used by the court in finding that "a patient injured while unconscious on an operating table in a hospital could hold all or any of the persons who had any connection with the operation even though he could not select the particular acts by the particular person which led to his disability" (Louisell & Williams, 1960). We are satisfied, however, that these objections are not well taken in the circumstances of this case. 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