Ballou v. Prescott
Supreme Judicial Court of Maine
On exceptions. Case, against a physician, or surgeon, for malpractice in treating the plaintiff for an injury to liis left leg, received May 20, 1870. Tlie plaintiff testified that Dr. Prescott had been the family physician for many years, and that he was sent for and arrived within an hour of the time when the injury was received ; made an examination of the limb, said nothing about calling again, and never did call afterward, nor was he “ever sent for again.
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On exceptions. Case, against a physician, or surgeon, for malpractice in treating the plaintiff for an injury to liis left leg, received May 20, 1870. Tlie plaintiff testified that Dr. Prescott had been the family physician for many years, and that he was sent for and arrived within an hour of the time when the injury was received ; made an examination of the limb, said nothing about calling again, and never did call afterward, nor was he “ever sent for again. Dr. Prescott stated, on the contrary, that as he was about leaving he said : “Ballou, shall I call and visit you any more ?” that the…
1Opinion of the Court
Dankorth, <1.
This is an action against the defendant as a surgeon for alleged malpractice, and one of the causes of complaint-set out in the writ is that he abandoned his patient while still needing medical attention. The exceptions raise the question as to the nature of the contract between the surgeon and his patient.
Upon this point the jury were instructed as follows : “Here I understand the surgeon was called in the usual way, nothing said about the time during which he was to attend, and he went in obe*313dience to that call. If nothing more were said or done, the law would require him to…
2Cited by12 opinions
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- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Bolles v. KintonSupreme Court of Colorado · 1928
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