Legal Opinion · Dissent

Sharlene Hall and Ray Hall v. Dr. Ernest E. Musgrave and Dr. Charles F. Sowards

Court of Appeals for the Sixth Circuit

Decided June 2, 1975No. 74-1778Published

1DissentCelebrezze, Circuit Judge

The majority allows Appellees to escape liability for injuries sustained by Appellant Sharlene Hall.1 Instead of performing a Caesarian section in delivering her first child in April 1969, Appellees delivered the baby by a breech birth causing a hole to develop in Mrs. Hall’s bladder. Soon after the delivery, Mrs. Hall was unable to “hold her water,” and urine uncontrollably leaked from her body. She suffered severe pain and distress for over a year, when corrective surgery was performed by another doctor. She was not told by either Appellee that their negligence might have caused her…

2Cases cited60 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Lopez v. SwyerSupreme Court of New Jersey · 1973
  3. Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
  4. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  5. Gaddis v. SmithTexas Supreme Court · 1967

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