Haddock v. Arnspiger

OPINION

HIGHTOWER, Justice.

This is a medical malpractice case. The issue is whether res ipsa loquitur may be used to establish the liability of health care providers or physicians in medical malpractice cases involving the use of mechanical instruments. Orville E. Haddock (Haddock) initiated this action against Larry A. Arnspiger, M.D. (Arnspiger) alleging that his colon was perforated during a routine proctological examination. Haddock’s suit was based on negligence and res ipsa lo-quitur. The trial court determined that res ipsa loquitur did not apply, sustained Amspiger’s special exceptions…