Forbis v. Holzman

THE COURT.

This is an action for wrongful death by the surviving husband and daughter of Beulah Forbis, deceased. The jury brought in a verdict for plaintiffs and defendant appealed.

Mrs. Forbis engaged defendant, a physician and surgeon, as anaesthetist during an operation for the removal of the appendix and drainage of the gall bladder. She died while on the operating table. Plaintiffs contend that she died of asphyxiation as a result of defendant’s negligence. Defendants contend that she died of heart failure.

The evidence shows that after Mrs. Forbis was anaesthetized, the operation was performed and the operating sur

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geon was closing the incision when he requested deeper anaesthesia. The anaesthetic used in this case was ethylene gas, carbon dioxide gas, ether and oxygen. Defendant, at the time of the request by the operating surgeon, noticed that the oxygen in the tank was being depleted. He ordered a fresh supply, which the hospital orderly brought. It took about five minutes to connect up the new tank, and when this had been completed, Mrs. Forbis was dead.

Mary Hotalingv a visitor in the spectator’s gallery above the operating table, testified for plaintiff that she heard defendant say, ‘ ‘ The oxygen is gone, bring in a fresh tank, and make it snappy.” Edith Tudor, the attending nurse, testified to the same effect. The nurse further testified: ‘‘At the time I heard the statement with reference to the need for more oxygen I observed that the anaesthetic mask was being held on the patient’s face by Dr. Holzman. It was removed after the patient stopped breathing. During the time intervening it was held on the face of the patient hy Dr. Holzman. ’ ’ Mary Hotaling also testified that during the five-minute period in which the tanks were changed, the mask was held on the patient’s face, and lifted only for an instant. Defendant testified that he did not close the valve on the ethylene tank when he called for more oxygen. The nurse testified that when the new tank was brought in she observed that the patient’s skin was blue (indicating cyanosis resulting from insufficient oxygen in the blood stream). Dr. Trenery, an osteopathic physician called by plaintiff, and duly qualified as a medical expert experienced in the use of anaesthetics, testified in answer to an hypothetical question, to the effect that the deceased died of asphyxiation resulting from the administering of ethylene gas without oxygen. The medical testimony was all in agreement on the fact that the breathing of such gas without oxygen for a few minutes would probably be fatal.