Cummins v. Donley

The opinion of the court was delivered by

Wertz, J.:

This is an action to recover damages for malpractice. Defendant’s demurrer to plaintiff’s petition on the ground that it did not state facts- sufficient to constitute a cause of action was overruled and defendant appeals. Plaintiff, for her first cause of action, alleges that defendant is a practicing osteopathic physician; that in May, 1948, she employed defendant in his professional capacity as an osteopathic physician to treat her, and after an examination defendant diagnosed her illness as being caused by a defective, diseased and…