The Perin vs. Haynes case was a malpractice case that took place in September of 1973 in Des Moines, Iowa and involved plaintiff Ilene Perin and defendant Dr. Robert A. Hayne, M.D. The patient initially went to see the doctor on April 3, 1968 because she was experiencing pain, weakness, and numbness in her back, neck, right arm, and hand. Neurological examination revealed protruded discs at the fifth and sixth cervical interspaces. The patient tried several alternatives for pain but the pain persisted. She returned to Dr. Hayne in October of 1968 to discuss surgery. The patient ultimately chose a cervical fusion surgery, a procedure performed on the upper spine to dispel pressure on one or more nerve roots or on the spinal cord.
In November of 1968, the surgery was successful in eliminating pain. However, the patient walked away with vocal cord paralysis and could only talk …show more content…
Rarity of the occurrence is not a sufficient predicate for application of res ipsa loquitur. Ultimately, there was no evidence the nerve was severed, according to expert testimony. The court believed there was any basis in this case for submission of res ipsa loquitur and the theory was refused.
Express warranty is a contractual agreement that a promise is made and it is legally enforceable in case of breaking that promise. The plaintiff believed that the defendant did not follow through with assurance of good results. The defendant testified he described the surgical procedure to her and answered all of her questions. She acknowledges the defendant told her it was a major surgery and involved risks, but many of his patients had received satisfactory results. On direct examination she said he told her if she turned out like his other patients she could expect to lead a more active and normal