William Rogers v. T. J. Samson Community Hospital
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
GILMAN, Circuit Judge.
William C. Rogers’s penis was amputated in a series of operations between April 12 and April 19, 1997 at T.J. Samson Community Hospital in Glasgow, Kentucky. Rogers sued Ms doctors (who are not parties to this appeal) and the Hospital for negligent medical treatment and negligent failure to secure his informed consent for the amputation. At trial, the court instructed the jury that certain missing evidence could be presumed to be adverse to the doctors, but did not include the Hospital in the missing evidence instruction. Likewise, the court instructed the jury…
2Cases cited4 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
- Barnes v. Owens-Corning Fiberglas Corp.Court of Appeals for the Sixth Circuit · 2000
- Keel v. St. Elizabeth Medical CenterKentucky Supreme Court · 1992
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- Louisville Gas & Electric Co. v. Continental Field Systems, Inc.District Court, W.D. Kentucky · 2005
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