Walski v. Tiesenga

381 N.E.2d 279 (1978)

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Nature of the Case

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Facts

Tiesenga (D) operated on Walski (P) to remove P's thyroid. There was a great deal of scar tissue present, and D made a wide cut to avoid where the thought the laryngeal nerve to be. D cut P's vocal nerves, and P's vocal chords were paralyzed. The trial court directed a verdict for D after P failed to establish the standard of care as her doctor testified that in his opinion D should have located the nerve before cutting. The appellate court affirmed. P appealed.