WALTERS V. HITCHCOCK 237 Kan. 31 (1985) CASE BRIEF

WALTERS V. HITCHCOCK

237 Kan. 31 (1985)

NATURE OF THE CASE: This was a medical malpractice action.

FACTS: Walters (P) had a lump on her neck, a number of tests were conducted, and she was advised by her family physician to seek the advice of a surgeon. P was 32 with four minor children. Dr. Hitchcock (D) recommended surgical removal of the diseased areas of her thyroid gland. The operation was a relatively minor one with low risk. The lump was removed and sent to pathology and P was sutured and sent to the recovery room. No malignancy was detected. P's condition rapidly deteriorated. P was in serious distress when D discovered that a one-inch square section of P's esophagus had been removed. P was taken to surgery, it was observed that a significant hole was in her left front esophagus, and it was concluded that repair was not possible. D sewed up her esophagus and it was permanently closed. Feeding was possible only through a tube inserted in P's stomach. Additional surgeries followed and P regained vision and a bypass esophagus was made from a portion of her colon. P sued D. The jury gave her $2,000,000 and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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