Shorter v. Drury

Doreen Shorter, a Jehovah's Witness whose faith prohibited blood transfusions, was diagnosed by Dr. Drury (defendant) with a missed abortion requiring a dilation and curettage, and Drury chose the procedure method carrying the highest bleeding risk without disclosing two lower-risk alternatives, though he did disclose the bleeding risk itself; Doreen and her husband Elmer (plaintiff) signed a hospital release refusing all blood transfusions even if needed. During the procedure, Drury lacerated Doreen's uterus, causing catastrophic bleeding, and she died after repeatedly refusing transfusions along with her husband. The jury found Drury's negligence proximately caused her death, awarding $412,000, but reduced that award by 75% based on the Shorters' knowing and voluntary assumption of the risk that refusing transfusions could prove fatal; both parties moved for judgment notwithstanding the verdict, which the court denied, and Shorter appealed while Drury cross-appealed without challenging the negligence finding.