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Facts[]

Patel, a surgeon, removed the only kidney of Shirley Firman believing that it was an ovarian cyst. As a result, she had to be placed on dialysis until she could find a kidney. Urbanski, Shirley's father, tried to donate his kidney to her, but it was rejected. Urbanski brought an action for the losses he experienced from the removal of his kidney.

Issue[]

  1. Is donating a kidney a reasonable action attempting to protect his daughter from the harms of the doctor's negligence?

Decision[]

Judgment for the plaintiffs.

Reasons[]

Wilson found that in the medical world, the donating of a kidney is accepted as a usual solution to a problem of this type. As a result, Urbanski was acting perfectly reasonably. This case, therefore, follows the ratio of Haynes v Harwood and Urbanski was entitled to recover.

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