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Canterbury v. Spence

United States Court of Appeals for the District of Columbia Circuit
464 F.2d 772 (1972)

Written by Megan Petersen, JD

Facts

At the age of 19, Canterbury (plaintiff) experienced severe upper-back pain. Dr. Spence (defendant), a neurosurgeon recommended that Canterbury undergo a laminectomy, an operation to repair a suspected ruptured disc. Canterbury did not object or ask any questions about the procedure. On the phone, Spence told Canterbury’s mother that she did not need to come to the hospital and that the operation was no more serious “than any other operation.” Canterbury’s mother signed a consent form after the procedure was performed. The day after the operation, Canterbury fell from his hospital bed and became paralyzed from the waist down, requiring additional surgery. Even after the second operation, Canterbury suffered long-term incontinence and bladder paralysis. Canterbury sued Spence and the hospital (defendant), arguing that Spence had committed medical malpractice by failing to disclose that paralysis was a risk of the original surgery. Spence and the hospital moved for directed verdicts. The court granted the verdicts on the grounds that Canterbury had failed to produce any medical evidence of negligence. Canterbury appealed.

Rule of Law

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Issue

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Holding and Reasoning (Robinson, J.)

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