Barrett v. Emanuel Hospital

Plaintiffs brought this action to recover damages for mental and nervous disorders Mr. Barrett allegedly suffered as a result of knee surgery. The defendants are the two surgeons, the anesthesiologist, the hospital where the surgery was performed and the professional corporation which employs the surgeons. Plaintiffs alleged, inter alia, that all of the defendants, acting “jointly and in concert,” had exclusive control of Mr. Barrett’s person and of all instrumentalities used during the surgery. Plaintiffs therefore contend that they are entitled to proceed on the principle of res ipsa…