Legal Opinion
Mason v. Ellsworth
Court of Appeals of Washington
Decided September 23, 1970No. 48-40427-3PublishedCited by 30 opinions
1Opinion of the CourtMunson, J.
This is a malpractice action by Florence A. Mason against W. J. Ellsworth, a cardio-thoracic and cardio-vascular surgeon, arising out of the latter’s puncturing of the former’s esophagus during an esophagoscopy. Plaintiff sought recovery on three theories: (1) defendant was negligent in performing the procedure—shown by direct evidence; (2) defendant was negligent in performing the procedure—shown by res ipsa loquitur; and (3) defendant failed to adequately inform plaintiff of the hazards involved in the procedure so that she could grant an informed consent.
The trial court determined as a…
2Cases cited51 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- McLeod v. Grant County School District No. 128Washington Supreme Court · 1953
- Natanson v. KlineSupreme Court of Kansas · 1960
- Salgo v. Leland Stanford Jr. University Board of TrusteesCalifornia Court of Appeal · 1957
- Ferrara v. GalluchioNew York Court of Appeals · 1958
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3Cited by30 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Smith v. ShannonWashington Supreme Court · 1983
- Wilkinson v. VeseySupreme Court of Rhode Island · 1972
- Miller v. KennedyCourt of Appeals of Washington · 1974
- ZeBarth v. Swedish Hospital Medical CenterWashington Supreme Court · 1972
25 more not listed; retrieve them via the Exa API.