Gwynn v. Wilhelm

This is an action against a physician to recover damages for malpractice in treating a fractured arm and other injuries sustained by plaintiff in a fall. The trial court held that this action was barred by the default judgment of a justice’s court in an action by the physician to recover the value of her professional services. Plaintiff appeals.

The sole question presented is whether a judgment by default in an action in a justice’s court by a physician against his patient to recover for his professional services is a bar to an action by the patient to recover damages resulting from…