Carpenter v. . Blake
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and ■affirming an order denying a motion for a new trial. (Reported below, 10 Hun, 358; mem. of decision on former appeal, 50 N. Y., 692.) This action was against defendant for alleged malpractice as a surgeon. Plaintiff fell from a horse and dislocated the elbow joint of her left arm.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and ■affirming an order denying a motion for a new trial. (Reported below, 10 Hun, 358; mem. of decision on former appeal, 50 N. Y., 692.) This action was against defendant for alleged malpractice as a surgeon. Plaintiff fell from a horse and dislocated the elbow joint of her left arm. Defendant was called in and operated upon the arm. The claim of plaintiff was that through want of skill, or negligence, defendant in fact never…
1Opinion of the CourtMiller, J.
The rules which relate to the liability of a surgeon for negligence or want of skill while engaged in the discharge of the duties of his profession arc correctly laid down in the opinion of the General Term in accordance with the views expressed by Allen, J., when tins case was heard upon a former appeal in this court. These rules do not demand that in order to sustain an action against a surgeon for malpractice that there should be proof of gross culpability upon the part of the surgeon, but place him in the same position and subject him to the same degree of liability as attaches to persons…
2Cases cited1 opinion
- Wilmot v. HowardSupreme Court of Vermont · 1867
3Cited by41 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Pike v. . HonsingerNew York Court of Appeals · 1898
- McGraw v. KerrColorado Court of Appeals · 1912
- Dubois v. . DeckerNew York Court of Appeals · 1891
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