Orville E. Haddock V. Larry A. Arnspiger Et Al. (06/20/90)
Supreme Court of Texas
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This is a medical malpractice case. The issue is whether res ipsa loquitur may be used to establish the liability of health care providers or physicians in medical malpractice cases involving the use of mechanical instruments. Orville E. Haddock (Haddock) initiated this action against Larry A. Arnspiger, M.D. (Arnspiger) alleging that his colon was perforated during a routine proctological examination. Haddock's suit was based on negligence and res ipsa loquitur. The trial court determined that res ipsa loquitur did not apply, sustained Arnspiger's special exceptions and struck Haddock's res ipsa loquitur pleadings. The jury's verdict favored Arnspiger and a take nothing judgment was rendered on the jury's verdict. The court of appeals affirmed. 763 S.W.2d 13. We affirm the judgment of the court of appeals.