Reeves v. Lutz
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The law does not make a physician or surgeon an insurer against injury which may result to the patient from the treatment given.
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Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The law does not make a physician or surgeon an insurer against injury which may result to the patient from the treatment given. The law only requires that the surgeon shall bring to his case that degree of skill ordinarily possessed by the average of his profession in the particular locality or community in which he renders the particular service; that he will exercise ■ordinary care in performing the operation and administering treatment; that in all matters of doubt he will exercise his best judgment as to the…
1Opinion of the CourtNortoni, J.
These are cross-appeals. The suit is for damages accrued to plaintiff on account of the loss of service of his wife through the negligence of defendant while performing and in treating a surgical operation upon her. The petition proceeds in two counts. On the first count the finding and judgment were for defendant, while plaintiff prevailed on the second. Plaintiff prosecutes an appeal from the judgment against him on the first count, and defendant prosecutes an appeal from the judgment against him on the second count.
Defendant is a practicing physician and surgeon in St. Louis, and was…
2Cases cited21 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
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3Cited by16 opinions
- Warner v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1968
- Daly v. LiningerSupreme Court of Colorado · 1930
- Reinhold v. SpencerIdaho Supreme Court · 1933
- Rauschelbach v. BenincasaSupreme Court of Missouri · 1963
- Adamsen v. MagneliaAppellate Court of Illinois · 1935
11 more not listed; retrieve them via the Exa API.