Salinetro v. Nystrom
341 So.2d 1059 (Fla. App. 1977)

  • Salinetro was in a car accident and sustained injuries. She went to Dr. Nystrom for treatment, who made x-rays of her back.
  • Turns out, Salinetro was pregnant. She was not aware of this fact at the time. The x-rays resulted in the death of the baby. Alinetro sued Nystrom for malpractice.
    • Nystrom did not ask if Salinetro might be pregnant before he performed the x-rays.
  • The Trial Court found for Nystrom. Salinetro appealed.
  • The Appellate Court affirmed.
    • The Appellate Court found that even if Nystrom did not meet the standard of care by failing to ask if Salinetro was pregnant, that omission was not the cause of Salinetro’s injury.
      • Salinetro didn’t know she was pregnant, so Nystrom’s question would not have made a difference. She would have said ‘no’ and she would have gotten x-rayed anyway.
      • This didn’t meet the ‘but for‘ test, since you couldn’t say that Salinetro would not have been injured but for Nystrom’s negligence.