TIME LAG MAKES IT IMPOSSIBLE TO PROVE CAUSATION
In Lenger v. Physician's General Hospital (Tex., 1970), the time lag between breach of
duty and injury made it impossible to prove causation. After colon surgery, the patient
was mistakenly given solid food by the nurse (duty owed/breach of duty). Eight days
later, the ends of the sutured colon came apart (injury). Because time had elapsed,
causation could not be proven.
NONACTIONABLE NEGLIGENCE
In Salinetro v. Nystrom (Fla., 1977), the patient's own ignorance of her condition made
it impossible to prove causation. A woman received abdominal x-rays after an auto
accident, without being asked if she were pregnant. Soon thereafter, she learned that
she was pregnant and had an abortion on her obstetrician's recommendation. She
sued the radiologist. He was found negligent for not asking if she was pregnant, but
not liable because it was not his negligence that caused injury. Had he asked if she
were pregnant, she still would have said, "No." Only if she had known about the
pregnancy, and had stated thus when the x-rays were taken, could causation have
been proven.
CAUSATION SHOWN
In Schnebly v. Baker (Iowa, 1974), causation was established. A baby, born with an
Rh incompatibility, was erroneously diagnosed as having a safe bilirubin level. This
inaccurate test result was due to the use of an outdated reagent for testing bilirubin
levels. The pathologists and the hospital were liable because an accurate test result
would have led to timely therapy that probably would have prevented the brain
damage.
MD0066
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