Hook v. Rothstein
South Carolina Court of Appeals
316 S.E.2d 690 (1984)
- Written by Meagan Anglin, JD
Facts
Jack Summers suffered from persistent stomach pains caused by a mass in his lower intestines. Because of the mass, Summers needed a procedure that required an iodine compound be injected into his veins so his kidneys could be examined via X-ray. Severe reactions caused by the iodine compound could result in death, and patients with a history of asthma or allergies are at an increased risk of reacting negatively to the compound. Dr. Jerry Rothstein (defendant) performed the procedure on Summers. Prior to the procedure, Rothstein asked Summers whether he had any allergies. Although Summers suffered from allergies, he did not tell Rothstein about his allergies. Rothstein did not tell Summers about the possibility of a fatal reaction, because his experience as a doctor taught him that a patient’s fear can play a negative role in reactions to the compound. After the procedure, Summers died from a severe reaction to the compound. Judith Summers Hook (plaintiff) brought suit on Summer’s estate’s behalf against Rothstein for negligence as a result of Rothstein’s failure to inform Summers about the possible risks associated with the procedure. Judgment was entered in Rothstein’s favor, and Hook appealed.
Rule of Law
Issue
Holding and Reasoning (Goolsby, J.)
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