Emmanuelli Widow of Torres v. Womble

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

The question raised in this case is whether the appellees should be held liable for the damages sustained by appellant as a result of a fistula complication when she was submitted to a hysterectomy. Under the circumstances of this case recited below, we conclude they should not, and therefore, we affirm the decision of the trial court.

Appellee-surgeon, Dr. Carey C. Womble, performed a hysterectomy on appellant on October 17, 1963, in the appel-lee hospital because a carcinoma “in situ” (a malignant new growth) had developed in the…