Makarenko v. Scott

If I correctly understand the majority opinion, it is based alternatively upon two propositions:

First: That no right of action against a doctor accrues to a person injured by the wrongful act of another when the injury is treated negligently by the doctor, with the result that the damage done by the original injury is increased, and, by analogy, no right of action is created by the malpractice of a doctor upon a person suffering an injury that has been compensated under the workmen’s compensation act.

Second: That even though a right of action against the doctor at fault does arise, any…