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Chumbler v. McClure

United States Court of Appeals for the Sixth Circuit
505 F.2d 489 (1974)


Facts

Chumbler (plaintiff) was injured in an electrical explosion and was subsequently diagnosed with a cerebral vascular insufficiency. McClure (defendant), a neurosurgeon in Nashville, Tennessee, treated Chumbler’s illness by prescribing a female hormone, estrogen, marketed under the name Premarin. Common side effects of taking the drug included breast enlargement and loss of libido. McClure was the only neurosurgeon in the Nashville area to use the drug therapy to treat cerebral vascular insufficiency. In fact, there was a division among neurosurgeons in Nashville regarding how best to treat the illness and, as a result, there lacked a standard treatment plan. The trial court granted a directed verdict for McClure on the grounds that Chumbler failed to sufficiently show a deviation from accepted medical practice.

Rule of Law

Issue

Holding and Reasoning (Rubin, J.)

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