Kelly v. Hartford Casualty Insurance Co.

271 N.W.2d 676 (1978)

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Nature of the Case

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Facts

Kelly (P) was 75 and entered the hospital complaining of lower back pain. An intravenous pyelogram was ordered, and P claims she was injured by the procedure of inserting the enema tub in her anus. A sore was discovered upon her rectal area later that night, and a large hematoma developed requiring surgery. The question before the trial court was whether res ipsa loquitur could be used under the premise that it was within the common knowledge of layman that a rectal hematoma will not ordinarily occur from the administration of an enema except in circumstances where the proper medical skill and care have not been exercised. The trial court refused the instruction.