Ybarra v. Spangard
Encyclopedia
Ybarra v. Spangard was a leading case in California
discussing exclusive control element of res ipsa loquitur
. It held that, "[w]here a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants 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 by giving an explanation of their conduct."
The contrary position would bar the application of res ipsa loquitur when there is no showing that the cause of the injury was the act of any particular defendant or instrumentality.
and made preparations for surgery. Plaintiff entered the hospital, was given a hypodermic injection, slept, and was later awakened. He was wheeled into the operating room, where his body was pulled to the head of the table. His back was laid against two hard objects at the top of his shoulders, about an inch from his neck. Prior to the operation he never had any pain in his arm or shoulder, but afterward he felt a sharp pain in his neck near the shoulder, and was unable to rotate or lift his arm.
establish the negligence of all the defendants who had control over his body and might have caused his injuries?
; it suffices to prove that the instrument causing the injury was under the exclusive control of the defendant and the injury does not ordinarily happen unless negligent. All persons and instrumentalities exercising control over a person are liable for any non-necessary harm that results.
Every Df who had control over the Pl’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.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
discussing exclusive control element of res ipsa loquitur
Res ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved...
. It held that, "[w]here a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants 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 by giving an explanation of their conduct."
The contrary position would bar the application of res ipsa loquitur when there is no showing that the cause of the injury was the act of any particular defendant or instrumentality.
Facts
Plaintiff consulted Defendant, who diagnosed appendicitisAppendicitis
Appendicitis is a condition characterized by inflammation of the appendix. It is classified as a medical emergency and many cases require removal of the inflamed appendix, either by laparotomy or laparoscopy. Untreated, mortality is high, mainly because of the risk of rupture leading to...
and made preparations for surgery. Plaintiff entered the hospital, was given a hypodermic injection, slept, and was later awakened. He was wheeled into the operating room, where his body was pulled to the head of the table. His back was laid against two hard objects at the top of his shoulders, about an inch from his neck. Prior to the operation he never had any pain in his arm or shoulder, but afterward he felt a sharp pain in his neck near the shoulder, and was unable to rotate or lift his arm.
Legal issue
When a PL receives unusual injuries while unconscious during medical treatment, can res ipsa loquiturRes ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved...
establish the negligence of all the defendants who had control over his body and might have caused his injuries?
Holding
Yes. Res ipsa loquiturRes ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved...
; it suffices to prove that the instrument causing the injury was under the exclusive control of the defendant and the injury does not ordinarily happen unless negligent. All persons and instrumentalities exercising control over a person are liable for any non-necessary harm that results.
Every Df who had control over the Pl’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.