The patent presence, so to speak, of the "fly in the buttermilk" type of cause is the basis for the exception that liability may be determined, without medical testimony as to causation, in the exceptional cases, if all other necessary elements are shown. Since there is no evidence in the record of any negligence in the administration of the injection which Dr. Nichopoulos did not administer , plaintiff's cause of action as to the doctor must rest on the negligence with all elements proven in the treatment given by him.
Now, Dr. Nichopoulos is not sued for any negligence in the administration of the injection, but is sued for negligent acts in plaintiff's after treatment which allegedly caused plaintiff's hand to be contorted to its claw-like appearance. The closest thing found in the record that approaches medical testimony on causation is a lengthy hypothetical question propounded by counsel which asks a medical witness to assume the injection, treatment by Dr.
Nichopoulos or lack thereof , and all facts, down to the claw-like appearance of plaintiff's hand and closed with, "state whether or not, in your opinion, that you can state to a reasonable degree of medical certainty the injury experienced by Mrs. German was caused by the injection encountered on July 6, ? Aside from the fact of the speculative nature of the answer, all things are possible , the question is directed to a specific act of negligence which allegedly caused plaintiff's injury.
That act injection was not shown to have been negligently done by the proof and was not done by Dr. Neither the question nor the answer has anything to do with the treatment of Dr. Nichopoulos as a cause of the injury. However, counsel for appellant insists that it is within the common knowledge of laymen that the after injection treatment afforded by Dr.
Nichopoulos[3] caused the claw-like[4] appearance of plaintiff's hand. We do not agree. We are of the opinion that whether or not Dr. Nichopoulos' treatment of plaintiff, which, arguendo, we concede for the purpose of treating this Assignment of Error to have been not within community medical standards was a cause of plaintiff's difficulties is not a matter of which we may take judicial notice or is within the common knowledge of laymen. It requires expert testimony and, in this case, there is none.
Again, see T. The evidentiary Assignment of Error is addressed to a failure to admit testimony which counsel for appellant insists would show negligence on the part of Dr. Nichopoulos in the treatment of plaintiff. The issue is moot. Proof of negligence without proof of causation is nothing. Nichopoulos with negligence in his diagnosis of Mrs.
From the trial record the only evidence of any motion to amend, by the plaintiff, appears on page of the Bill of Exceptions. Subsequent to the Trial Judge's statement that plaintiff's pleadings were not broad enough to include a negligence because of misdiagnosis theory, plaintiff's counsel asked the court:. Following the Court's question the so-called motion to amend was pursued no further nor further mentioned.
We find that no valid motion to amend was ever made. The appellant's fourth Assignment of Error is without merit. We last consider appellant's complaint that the matter should have gone to the jury on the issue of lack of informed consent. This Assignment of Error must be answered in the same manner as most of the others. There is simply no competent proof that presents any jury issue. Counsel insists that simply because plaintiff testified that no one told her of any possible risks prior to receiving the injection, a prima facie case based on lack of informed consent was made out.
We disagree and hold, as did the Middle Section of this Court in an unreported case,[5] that, in matters of informed consent the plaintiff has the burden of proving by expert medical evidence, a what a reasonable medical practitioner of the same or similar communities under the same or similar circumstances would have disclosed to the patient about attendant risks incident to a proposed diagnosis or treatment and b that the defendant departed from the norm. These are the same criteria set forth in T.
There is no medical testimony in the record that approaches those criteria. The result is that all Assignments of Error are overruled and the judgment below affirmed. All costs are taxed against appellant and surety. Done at Jackson in the two hundred and third year of our Independence and in the one hundred and eighty-third year of our Statehood. The Court will grant a directed verdict as to that issue in gavor [sic] of the Hospital.
George Nichopoulos reported; Jerry Lee Lewis mentioned. Memphis, Tennessee Trial's outcome examined. Note to sponsor members: The Vanderbilt Television News Archive video player requires a modern operating system and browser to work properly.
Elvis suffered from an enlarged heart which was twice the size of normal and showed advanced evidence of cardiovascular disease in his coronary vessels, aorta, and cerebral arteries—certainly more advanced than a normal year-old would be. Toxicology tested positive for ten separate prescription medications but showed negative for illicit drugs and alcohol. The only alarming pharmaceutical indicator, on its own, was codeine at ten times the prescribed manner but not in lethal range.
Elvis was born on January 8, in Tupelo, Mississippi and had a twin brother who died at birth. As a youth, Elvis was active and healthy which continued during his time in the U. He began experimenting with amphetamines, probably to enhance his performances, but shied from alcohol as it gave him violent tendencies. In , Elvis came under the primary care of Dr. George Nichopoulos who was well-known to celebrities. Then, Elvis was 32 and weighed pounds. His only known medical ailment was slightly high blood pressure, presumably due to his high-fat diet.
Over his remaining years, Elvis was seen by a number of different doctors and was hospitalized a number of times, all the while resorting to self-medication with a wide assortment of drugs from dozens of sources.
He was present at the death scene as well as during the autopsy. His opinion was:. Together, all this information points to a conclusion that, whatever tolerance the deceased may have acquired to the many drugs found in his system, the strong probability is that these drugs were the major contribution to his demise. Going back to January , the count was 19, These numbers might defy belief, but they came from an experienced team of investigators who visited pharmacies and spent 1, hours going through 6,, prescriptions and then, with the aid of two secretaries, spent another 1, hours organizing the evidence.
The drugs included uppers, downers and powerful painkillers such as Dilaudid, Quaalude, Percodan, Demerol, and Cocaine Hydrochloride in quantities more appropriate for those terminally ill with cancer.
Read full article. By Bill Trott. February 26, , PM. A fan's purse featuring the image of Elvis Presley lies on a bar table during the four-day Collingwood Elvis Festival in Collingwood, Ontario July 25, In this article:. More content below. Elvis Presley. Recommended Stories. Celebrity Atlanta Black Star. Politics The Hill. Atlanta Black Star. Celebrity Yahoo Life. Politics TheGrio. Entertainment Women's Health.
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