Lentz v. Thompson

In passing on the sufficiency of the evidence to go to the jury, we must assume that Dr. Thompson severed the plaintiff’s spinal accessory nerve during the operation for the removal of the malignant glands. The evidence permits that finding. Some thing more is necessary,, however, to establish the defendant’s civil liability. All the experts who testified in the case for both parties emphasized the necessity of protecting the covering or shell over the diseased nodes during the removal in order to prevent the spread of infection which a break or leak in the covering would permit. In the…