Legal Opinion

Saylor v. Brady

Supreme Court of Kansas

Decided December 8, 1923No. 24,308PublishedCited by 6 opinions

Appeal from Labette district court; Elmer C. Clark, judge.

1Opinion of the Court

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for malpractice. The trial court sustained a demurrer to plaintiff’s evidence, and she appealed.

Plaintiff offered no expert evidence to show negligence. It is the general rule in malpractice cases that the negligence in the treat*765ment, which it is claimed caused the injury, must be shown by physicians or by medical witnesses called as experts. Pettigrew v. Lewis, 46 Kan. 78, 26 Pac. 458; Sly v. Powell, 87 Kan. 142, 123 Pac. 881; Stout v. Bowers, 97 Kan. 33, 154 Pac. 259; Paulich v. Nipple, 104 Kan. 801, 180 Pac.…

2Cases cited7 opinions

  1. Wharton v. WarnerWashington Supreme Court · 1913
  2. Tefft v. WilcoxSupreme Court of Kansas · 1870
  3. Pettigrew v. Lewis & WillardSupreme Court of Kansas · 1891
  4. Sly v. PowellSupreme Court of Kansas · 1912
  5. Paulich v. NippleSupreme Court of Kansas · 1919

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Voss Ex Rel. Voss v. BridwellSupreme Court of Kansas · 1961
  2. Wright v. ConwayWyoming Supreme Court · 1925
  3. Riggs v. GouldnerSupreme Court of Kansas · 1939
  4. McMillen v. FoncannonSupreme Court of Kansas · 1929
  5. Pierce v. EdgertonSupreme Court of Kansas · 1940

1 more not listed; retrieve them via the Exa API.

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