第十七条第二项第二十二条第二项第二十三条第二项.ppt

事實 Dr. Fischer, a radiologist, injected the contrast medium into the calves of both of Tracys legs, because he was unable to find a vein which he could use. The package insert, which contained the manufacturers directions for injecting the contrast medium, recommended that the contrast medium be injected into the gluteal muscles (buttocks). Dr. Fischer had read articles in medical journals which warned against making intramuscular injections into the buttocks or thighs especially in tiny children, because possible nerve and muscle damage could result. That is why Dr. Fischer chose to inject the contrast medium into the calves of Tracys legs, because, after the buttocks and the thighs, they were the next largest muscle mass away from the trunk of the body. “A short while (four months later) after being discharged from the hospital Tracy began to have trouble with her right leg. Her leg was stiff and her heel began to lift off the ground. Tracys problem was later diagnosed as a shortening of the achilles tendon, which May have been precipitated by some kind of trauma to her ankle or calf muscle. After two operations and other expensive treatment, including the wearing of a leg brace, Tracys problem was substantially corrected. 事實 The jury returned a favorable verdict to all the defendants the Brooks appealed on eight issues: 1. Whether the verdict of the jury in favor of Dr. Guy E. Ross and Dr. Lawrence Allen was contrary to law; 2. Whether the trial court erred in refusing to give plaintiffs tendered instruction No. 5 to the jury; 3. Whether the trial court erred in refusing to give plaintiffs tendered instruction No. 1 to the jury. 4. Whether the trial court erred in giving Dr. Rosss instructions Nos. 2, 3, and 4 to the jury; 5. Whether the trial court erred in giving Dr. Fischers instructions Nos. 4 and 5; 6. Whether the trial court erred in granting St. Johns *273 Hickey Memorial Hospitals motion for judgment on the evidence; 7. Whether the trial court erre