Nelson v. Harrington
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This is an action brought to recover damages for the alleged malpractice of the defendant as a physician.
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APPEAL from the Circuit Court for Dane County. This is an action brought to recover damages for the alleged malpractice of the defendant as a physician. The substance of the complaint is that for several years before September, 1885, the defendant bad been engaged in the practice of medicine and surgery in- the city of Madison, and during all that time advertised and held himself out to the public as a physician, and attended to all such diseases and ailments of the human body as a physician is usually called upon to treat, and such as are ordinarily treated by physicians of good standing and…
1Opinion of the CourtLyon, J.
The question has been raised whether this is an action for the breach of a contract, or one sounding in tort for the alleged unskilful and negligent manner in which the defendant, as a physician, performed his duty to the plaintiff. Although the complaint alleges the implied contract of the defendant to treat the plaintiff in a skilful and proper manner, yet the gravamen of the action is alleged to be that the defendant disregarded his duty in the premises by negligently, wrongfully, and carelessly failing to make a proper diagnosis of the plaintiff’s disease and to prescribe proper remedies…
2Cases cited4 opinions
- Gates v. FleischerWisconsin Supreme Court · 1886
- Conkey v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872
- Wood v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
- McKleroy v. SewellSupreme Court of Georgia · 1885
3Cited by51 opinions
- Jones v. State Board of MedicineIdaho Supreme Court · 1976
- Nowatske v. OsterlohWisconsin Supreme Court · 1996
- Kelly v. CarrollWashington Supreme Court · 1950
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
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