Legal Opinion

Horner v. Northern Pacific Beneficial Ass'n Hospitals, Inc.

Washington Supreme Court

Decided June 13, 1963No. 36405PublishedCited by 49 opinions

1Opinion of the CourtHale, J.

This action at law is the result of injuries claimed to have been incurred during surgery. The sole question essential to determine this appeal is whether res ipsa loquitur applies.

Respondent, an X-ray technician, was a member of a prepaid medical insurance plan and entitled to medical and hospital care from the appellant which operates a hospital in Tacoma. On June 17, 1957, she entered appellant’s hospital as a patient to have a hysterectomy, an abdominal operation involving removal of the uterus.

Respondent was given a preoperative sedative, taken to surgery by cart, and placed on her back…

2Cases cited3 opinions

  1. Chase v. BeardWashington Supreme Court · 1959
  2. Morner v. Union Pacific RailroadWashington Supreme Court · 1948
  3. Nelson v. MurphyWashington Supreme Court · 1953

3Cited by49 opinions

  1. Buckelew v. GrossbardSupreme Court of New Jersey · 1981
  2. Pederson v. DumouchelWashington Supreme Court · 1967
  3. Douglas v. BussabargerWashington Supreme Court · 1968
  4. Miller v. KennedyCourt of Appeals of Washington · 1974
  5. ZeBarth v. Swedish Hospital Medical CenterWashington Supreme Court · 1972

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