This section contains the nature of the case and procedural background.

Walters (P) had a lump on her neck, a number of tests were conducted, and she was advised by her family physician to seek the advice of a surgeon. P was 32 with four minor children. Dr. Hitchcock (D) recommended surgical removal of the diseased areas of her thyroid gland. The operation was a relatively minor one with low risk. The lump was removed and sent to pathology and P was sutured and sent to the recovery room. No malignancy was detected. P's condition rapidly deteriorated. P was in serious distress when D discovered that a one-inch square section of P's esophagus had been removed. P was taken to surgery, it was observed that a significant hole was in her left front esophagus, and it was concluded that repair was not possible. D sewed up her esophagus, and it was permanently closed. Feeding was possible only through a tube inserted in P's stomach. Additional surgeries followed, and P regained vision and a bypass esophagus was made from a portion of her colon. P sued D. The jury gave her $2,000,000 and D appealed.

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