Dietsch v. Mayberry

This was an action for damages against a physician for alleged malpractice in that he failed to properly care for the eyes of plaintiff at his birth and for the loss of one of them a few weeks thereafter. Prom a verdict and judgment for defendant, plaintiff appealed on questions of law.

The defendant is a general practitioner of medicine in Bryan and Williams county, Ohio, and was employed by the father of plaintiff to attend the birth in the family home, where plaintiff was born April 4, 1940. A competent practical nurse employed by the father, and a registered nurse who accompanied the…