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Salinetro v. Nystrom

Florida District Court of Appeals

341 So. 2d 1059 (1977)

Relevant factsFree

Salinetro (plaintiff), unknowingly four to six weeks pregnant, saw Dr. Nystrom (defendant) after a car accident; Nystrom failed to ask about pregnancy and performed pelvic x-rays, and Salinetro later learned the fetus had died, likely from radiation exposure. She sued for medical malpractice, but at trial testified that had Nystrom asked whether she was pregnant, she would have truthfully answered that she was not; after her case-in-chief, the trial court directed a verdict for Nystrom for failure to prove causation.

IssueFree

Whether a plaintiff can succeed on a negligence claim if the plaintiff's injuries would have occurred regardless of the defendant's conduct.

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