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abortion alleged allowed anesthesiologist appear appellate court applied baby biopsy blood Cal Rptr cardiac arrest cause of action child cian claimed Conclusion condition contributory negligence court found court held damages death decisions involving defendant diagnosis died disclosure doctrine drug duty emergency room employee evidence examination example existed expert testimony expert witness F 2d F Supp fact failure fracture gastroscopy gence hospital hysterectomy indicated infection informed consent injury judgment jury liable malpractice mastectomy ment mental misdiagnosis mother negligence nurse NW 2d NYS 2d occurred operation parents patient performed physi physical physician plaintiff practice pregnancy problem procedure professional liability prove psychiatrist question ray films reasonable recover recovery refused removed res ipsa loquitur result risk rule situation staff statute sued suffered suit surgeon surgery surgical SW 2d testified tests tetanus antitoxin tient tion told tonsillectomy treat treatment upheld verdict x-ray films