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This view was concurred in by Dr. Martin, who also gave the following testimony: that his medication orders had been carried out; that a pulse of 104 for a child of appellant's age and weight and with preoperative medication is not unusual and within normal limits and that the medication given was standard for a person in appellant's age and weight category; that the side rails on appellant's bed were standard size and that it was customary practice to place a child of appellant's age in a regular bed, rather than in a crib or small bed; that the side rails should be kept up - (there is no claim that such precaution was not taken) - and if the patient shows any tendency to become disturbed, she should be watched but not restrained (to physically restrain a person would make him wilder), that he relied on the nurses to adhere to such practices and that he would not have administered an additional dosage of nembutal if appellant had exhibited any excitement or manifested an allergic reaction thereto. Dr. Martin, who was not named as a defendant, testified that he examined appellant before the preoperative medication was prescribed, checked her history, looked at her throat, listened to her heart and lungs, and took her blood pressure and pulse. This h​as be​en creat᠎ed ​by G​SA　C​ontent Generat or Demover​sion!

It is not suggested, nor must it be overlooked, that Dr. Martin made an examination of appellant immediately prior to prescribing the medication administered, and the maintenance of records consistent with the requirements of the regulation would not, as appellant argues, have indicated that she had an abnormal pulse; indeed, the evidence was to the effect that a pulse of 104 was normal and within proper range under the then circumstances. Horseradish peroxidase-labeled secondary antibodies were then used to label detect the primary antibodies. If you are looking to buy Nembutal online no prescription, then contact Best Nembutal Shop. Only in a restrictive class of cases was the doctrine of res ipsa loquitur first applied in malpractice actions, and then in obvious situations where sponges or surgical instruments were left inside a patient, etc. In each, the application was allowed because common knowledge and experience teaches that the result was one which would not have occurred had due care been exercised. Both cases stand for the proposition that a hospital may not be held liable in the absence of evidence which would support an inference that the hospital or its servants are chargeable with knowledge of any sudden change in a patient's mental condition sufficient to forewarn them that the patient was likely to fall from the bed.

The record, we conclude, is barren of evidence which would support a judgment in appellant's favor on the theories hereinbefore discussed. 839.) But in Siverson there was no evidence of a negligent act of a type that could have caused the accident, and none of the witnesses "testified that anything was done during the operation which was contrary to good medical practice." (57 Cal.2d at pp. It appears to us that the jury should have been permitted to decide whether proper preclusive measures were taken in the light of the circumstances at bar. In applying the doctrine, the Supreme Court stated: "Under the circumstances shown we hold tenable plaintiff's position that the evidence prima facie established, in the absence of explanation, that `the child's death was due to something which ordinarily does not occur in the absence of negligence, that it was caused by an agency or instrumentality within the control of defendants, and that it was not due to any (legally material) voluntary action or contribution on the part of either plaintiff or the child,' and, consequently, that the res ipsa loquitur instruction was properly given." (P. 4), but limited by the rule that no one is required to guard against or take measures to avert that which a reasonable person under the circumstances would not anticipate as likely to happen.

Appellant's next contention that she established a prima facie case by evidence which was sufficient to invoke in her favor the doctrine of res ipsa loquitur is a decisive one. Appellant's final contention relates to the trial court's refusal to give a proffered instruction based on the doctrine of res ipsa loquitur. Likewise without merit is the contention that liability arose by virtue of respondent's failure to keep proper hospital records; specifically, its omission to take and record appellant's pulse and temperature upon her admission. Edna Toutz, a California registered nurse, stated that it is not ordinary and customary practice in hospitals to take a child's pulse on admission because the variation is so great that it would not be significant in the case of a tonsillectomy. ibogaine usa testified that she took appellant's pulse at 7:15 a.m., and did not report the fact it was 104 because a child's pulse varies more than an adult's, and appellant's pulse was within normal range in view of the anesthetic state in which she had been placed.