Legal Opinion

Robinson v. Campbell

Supreme Court of Iowa

Decided March 20, 1878PublishedCited by 12 opinions

Appeal from Henry Cwewit Court. The plaintiff claims of tbe defendants twelve hundred dollars on account of valuable medical and surgical services rendered by plaintiff, a practicing physician and surgeon, about January 1, 1870, to the mother of the defendants, at the special request of defendants — said services being known as making an artificial anus, superinduced by the treatment of strangulated femoral hernia, requiring great labor and skill% The answer of the…

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Appeal from Henry Cwewit Court. The plaintiff claims of tbe defendants twelve hundred dollars on account of valuable medical and surgical services rendered by plaintiff, a practicing physician and surgeon, about January 1, 1870, to the mother of the defendants, at the special request of defendants — said services being known as making an artificial anus, superinduced by the treatment of strangulated femoral hernia, requiring great labor and skill% The answer of the defendants denies all the allegations of the petition, and alleges that “plaintiff held himself out as a physician and surgeon of…

1Opinion of the CourtDay, J.

j gEBVi0ES. or¿Etaarynskffl presumed. I. The court instructed the jury as follows: •(3.) “The law requires of a physician and surgeon in the treatment of his patients the use of ordinary skill a:n<^ diligence only, the average of that possessed the.profession as a body, and not of the thoroughly educated only, having regard to the improvements and the- advanced state of the profession at the time of the treatment; and if you find that the defendants or .either of them employed the plaintiff as a physician and surgeon to1 treat their mother and perform a surgical operation on her, and you find…

2Cases cited1 opinion

  1. Mickey v. Burlington Ins.Supreme Court of Iowa · 1872

3Cited by12 opinions

  1. Caulk v. AndersonTexas Supreme Court · 1931
  2. Cotnam v. WisdomSupreme Court of Arkansas · 1907
  3. Swift v. KellyCourt of Appeals of Texas · 1910
  4. Spencer v. WestLouisiana Court of Appeal · 1960
  5. Anderson v. CaulkCourt of Appeals of Texas · 1928

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