Ries v. Reinard

From a judgment in favor of defendant after trial before the court without a jury in an action to recover damages for alleged malpractice, plaintiffs appeal.

Viewing the evidence in the light most favorable to defendant (respondent), the essential facts are:

On December 19, 1938, plaintiff Ruth Ries consulted defendant, a physician and surgeon, relative to an itching in the region of her vagina. After taking said plaintiff’s history, defendant made a smear from the vagina, urethra, and cervix, and, after a microscopic examination of the smear (known as the methylene blue test) told plaintiff…