Shelton v. Hacelip
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. C. C. Nesmith.' Action by Velma Hacelip by her next friend against Dr. J. B. Shelton. ' Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. C. C. Nesmith.' Action by Velma Hacelip by her next friend against Dr. J. B. Shelton. ' Judgment for plaintiff and defendant appeals. The testimony of an examining physicion is of higher dignity than mere opinion evidence. — Bennett v. Fail, 26 Ala. 603. A physician is not liable in damages for an error in judgment. — Barker v. Lane, 49 Atl. 963; Etaloch v. Holm, 111 N. W. 295; Tefft v. Wilcox, 6 Kan. 43; Tenny’s Case, 123 Ala. 527. Under these authorities, and on the authority of Erwin n. Goode, 78 Fed. 444, the appellant was…
1Opinion of the CourtMcCLELLAN, J.
In McDonald v. Harris, 131 Ala. 359, 368, 31 South. 548, 550, the legal measure of care, skill and diligence of physicians and surgeons is thus defined: “The reasonable and ordinary care, skill, and diligence which the law requires of physicians and surgeons is such as physicians and surgeons in the same general neighborhood, in the same general line of practice, ordinarily have and exercise in a like case.” This statement was appropriated from 14 Am. & Eng. Law, pp. 76, 78. The like doctrine is announced in 30 Cyc. p. 1575. It is for the breach of this duty that the present action was…
2Cases cited1 opinion
- McDonald v. HarrisSupreme Court of Alabama · 1901
3Cited by17 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Barfield v. South Highlands InfirmarySupreme Court of Alabama · 1915
- Moore v. SmithSupreme Court of Alabama · 1927
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