Kosak v. Boyce

It will be noted that the jury found that the defendant failed to exercise such reasonable care and skill as was usually possessed and exercised by physicians and surgeons who specialized in the treatment of the eye, etc., (a) by failing to properly use the instruments and the means employed by him in such a way as to ascertain the nature of the injury to Mr. Kosak’s eye; and (b) by failing to use the X-ray in ascertaining the nature of the injury to Mr. Kosak’s eye. Appellant maintains that there is no evidence to support these findings. We shall not discuss whether the evidence supports the…